OC/CC in Gun Free School Zone

[tl_3237]

Originally Posted by awkx

Hmmm.... If you have an out-of-state CCW license that is recognized by PA, then it could be said that "you are licensed by PA to carry concealed", but the rest of statute seems to imply that you must be issued an individualized license by PA.

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

I agree that it seems to exclude all but a PA issued license for PA school zones since PA does not qualify reciprocal state residents except for PA issued non-resident licenses. Similarly our PA LTCF in a reciprocating state would be impotent in another state's school zone.

Also for non-LTCF this GFSA would seem to make OC in a city and populated suburb impractical if not impossible.

[headcase]

"(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,

If you have a license or permit to carry a firearm, it was issued by a state. If your state has a reciprocity agreement with another state, that state has by agreement, licensed you to carry a firearm in their state. This specifically states that you must be licensed by the state that the school is in. It does not say that the state the school is in has to physically issue the license to you, just license you. I don't see an ounce of ambiguity in the wording of this, at all.

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;

This is also achieved by the reciprocity agreement. The state will not enter into an agreement if it feels the other state does not meet at least the same basic requirements to issue. These agreements do not say that any citizen of the state in question may carry a firearm while in their state, they say any citizen licensed by that state is also de facto licensed by their state.

[LittleRedToyota]

it is interesting to note that the "revised" GFSZ act is exactly the same as the one the supreme court found unconstitutional except that congress inserted some wording stating that guns in school zones are, in fact, a matter of interstate commerce.

they did this because the first one was shot down by the supreme court because congress had overstepped their authority under the commerce clause.

but, of course, congress just saying that guns in school zones is a matter of interstate commerce does not make it so. and, given that the supreme court already found that it does not, it seems likely they would find so again.

but, the "revised" version has not yet come before the supreme court.

[headcase]

I'll go further and say that the wording of this act might also back up the argument that carrying in a school while holding a LTCF is completely legal.

[gnbrotz]

Originally Posted by headcase

I'll go further and say that the wording of this act might also back up the argument that carrying in a school while holding a LTCF is completely legal.

I agree.....but, there are some states where statute clearly prohibits carry in schools. In these cases, you can't simply say "It's ok under Federal law". We already have some situations here in PA that may prohibit you at a state level, even though you may still meet a Federal standard.

I'm happy with these types of issues being left for the states to decide. Even with a decisive ruling from the Supreme Court, I'm hesitant to believe that Washington would make things better (overall) than what we have already worked for here in PA. I think we currently have it far better than where Federal control would leave us, and I believe we can still improve things here further on our own.

[Brown-Bear]

I agree with Rotz it sound slike you need a LTCF from that specific state not just a rec agreement. I like to see these types of issues worked out on the state level, not just a broad stroke federal mandate regardless of whether or not it meets our needs. We may like it today but 2mro they will pass one we don't like so I say don't let'em do it at all.

Dave

[headcase]

Originally Posted by gnbrotz

I agree.....but, there are some states where statute clearly prohibits carry in schools. In these cases, you can't simply say "It's ok under Federal law". We already have some situations here in PA that may prohibit you at a state level, even though you may still meet a Federal standard.

I meant as it applies to PA, not other states. I also don't think you can just say, "I'm ok under the federal law, so I can carry in the school.". I meant that I believe this act, could be used to back up the assertion that having a LTCF in itself is grounds to be able to carry under the federal act prohibiting carry in or near a school, so when the PA statute says "For any other lawful purpose" my being licensed and carrying for lawful self defense should be reason enough.

I'm happy with these types of issues being left for the states to decide. Even with a decisive ruling from the Supreme Court, I'm hesitant to believe that Washington would make things better (overall) than what we have already worked for here in PA. I think we currently have it far better than where Federal control would leave us, and I believe we can still improve things here further on our own.

I agree, PA has some of the most owner friendly laws in the U.S., BUT WE CAN DO MORE.