Quote:
Originally Posted by mrjam2jab
so....if i'm reading all that correctly....if you live in and buy your pistol in the same state that is was manufactured, the GFSZ doenst hold up...based on the thinking of Congress?
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well, if you are in the state you live in...assuming you have a carry permit/license from your home state...the GFSZA doesn't apply to you anyway.
so, again assuming you have a carry permit/license from your home state, the whole discussion is only relevant if you are in a different state--which most likely means you will have brought the gun with you across state lines. of course, carrying a gun across state lines isn't really "commerce among the several states", but the new version has never gotten to SCOTUS, so we don't really know how they would rule.
if i remember correctly, there is actually conflicting case law on the circuit court level regarding the new version. i think one circuit (correctly, imho) ruled that it was still unconstitutional and another circuit (incorrectly, imho) ruled that it as constitutional.
gunlawyer or peteg or some other lawyer on this forum posted references to the two cases once long ago. i believe in both those cases, the GFSZA violation was really just a side issue, though. i don't think there has yet been a clean case of someone who was not otherwise doing anything illegal being arrested just for violating the GFSZA since the new version was passed and my guess is there never will be as not many local/state LEOs are really out looking to enforce federal laws, federal prosecutors typically have bigger fish to fry, and i doubt any federal prosecutor is likely to want to be the one to get it struck down...but, who knows...
i will say i pay absolutely no attention the GFSZA (it is clearly unconstitutional even if the courts ultimately do say otherwise...and, so, f' 'em). if i am in another state where i am allowed by that states laws to carry within 1,000 feet of a school, i do. if i ever do get busted (which is highly unlikely since i carry concealed), i'll be forced to appeal it as high as the courts will take the case.
i'd be mildly suprised if SCOTUS ruled differently from how it did on the first version anyway. doing so would basically be saying to congress, "OK, anytime we find any laws you pass unconstitutional, all you have to do is add a sentence at the beginning saying that you think the commerce clause gives you the authority to do it, and then we will find the law constitutional." i doubt SCOTUS is going to want to neuter itself like that, but who knows--as i said, i would only be mildly surprised given that SCOTUS has definitely shown the ability to completely ignore what the constitution actually says as well as rational logic.
but, ultimately, this whole issue is still in "who knows?" land...