Federal School Zone 18 USC 922(q) & LEOs

[tl_3237]

Was doing some research for another thread and a question came to mind.

18 USC 922(q)(2) prohibits firearm possession in a Federal school zone (within 1000' of school grounds) with specifically defined exceptions:

18 USC 922(q)(2)

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is—

(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Does an off-duty LEO without an LTCF qualify for the (2)(B)(ii) or any other exception?

Does an off-duty, out-of-state LEOSA without an LTCF qualify?

What really piqued my curiosity was this excerpt from the VA AG in a 2009 memo:

10 I note that this opinion addresses only state law and does not address whether a Commonwealth’s attorney is prohibited by federal law from possessing a loaded firearm on school property. See 18 U.S.C.S. § 922(q)(2) (2005). However, exclusion from the requirement of a permit under state law is not the equivalent of possessing a license under § 922(q)(2)(B)(ii).

http://www.oag.state.va.us/OPINIONS/...8-111-Ware.pdf

[Tmygun]

I'd also like to know if the school zone law is in effect in the summertime?


Tmygun:-)

[tl_3237]

Originally Posted by Tmygun

I'd also like to know if the school zone law is in effect in the summertime?


Tmygun:-)

Using the applicable definitions:

18 USC 921
(25) The term “school zone” means—

(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

I would conclude that, a long as the school is state recognized, then the zone is effective 24/7/365.25

[Tmygun]

Thanks for that. I just wanted to be sure.

Tmygun:-)

[SCBaldr]

I live right in back of a school, literally no more than 50 yards from the school itself. 1000'? really? Do they have any real authority to say what people who are just driving by or walking by on a public street can or cannot posses outside of the school grounds?

[knight0334]

Originally Posted by SCBaldr

I live right in back of a school, literally no more than 50 yards from the school itself. 1000'? really? Do they have any real authority to say what people who are just driving by or walking by on a public street can or cannot posses outside of the school grounds?

The new version has held up in courts a few times. The law cites the Commerce Clause to justify the ability to enforce it.

[SCBaldr]

So what you are telling me is that if I am carrying and I get in my car and drive through a school zone, I've just committed a crime? Sorry, but thousands of people do that every day.

[knight0334]

Originally Posted by SCBaldr

So what you are telling me is that if I am carrying and I get in my car and drive through a school zone, I've just committed a crime? Sorry, but thousands of people do that every day.

If you are licensed - no, you haven't committed a crime. Or, if you unload the gun and have it in a secured enclosure - no. But if you aren't licensed and carry it loaded or unsecured - yes, you have committed a federal offense if you do drive through a school zone.

Just because thousands of people do it daily doesn't make it legal. ...they just didn't get caught.

[ByblosHex]

Have an LTCF or move to a State that does not require one.

[tl_3237]

Originally Posted by ByblosHex

Have an LTCF or move to a State that does not require one.

Not an exception to 922(q). Carrying under 'constitutional carry' without an actual state issued license is still a violation unless you meet another exception.