OC/CC in Gun Free School Zone

[tl_3237]

Can anyone advise as to the legality of OC or CC within 1000 feet of a school (Gun Free School Act)?

What about walking down the sidewalk past the front of a school while carrying?

[tl_3237]

Oops. Should have researched further before posing the question. Understand that the Gun Free School Act of 1990 was declared unconstitutional.

Sorry about that!

[headcase]

Saved my fingers a hell of a beating,

[gnbrotz]

From Wiki:

The Gun-Free School Zones Act of 1990 was enacted as section 1702 of the Crime Control Act of 1990 (Pub.L. 101-647, 18 U.S.C. § 922(q)) on November 29, 1990.

It was subsequently declared to be an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution by the United States Supreme Court, and was therefore voided. This case, United States v. Lopez (1995), was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.

See also United States v. Morrison (2000), in which the U.S. Supreme Court also ruled that Congress lacked the authority to enact such laws even when there was evidence of aggregate effect.

Congress re-enacted the law following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding Congressional findings concerning the importance of establishing gun free school zones to protect public safety and interstate commerce.

It is currently in effect. Bang away headcase....

[awkx]

Originally Posted by tl_3237

Can anyone advise as to the legality of OC or CC within 1000 feet of a school (Gun Free School Act)?

What about walking down the sidewalk past the front of a school while carrying?

I believe if you have a LTCF, you're okay under the revised federal Gun-Free School Zone Act.

(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; ...

[gnbrotz]

Originally Posted by awkx

I believe if you have a LTCF, you're okay under the revised federal Gun-Free School Zone Act.

In order to be exempt, you must hold a license issued by the state you are in. My PA LTCF exempts me here, but does not exempt me in any other state, even if they have reciprocity with PA.

[headcase]

Originally Posted by gnbrotz

In order to be exempt, you must hold a license issued by the state you are in. My PA LTCF exempts me here, but does not exempt me in any other state, even if they have reciprocity with PA.

I would disagree on the face of it. It says"Licensed to do so by the state....", it does not say the license must be issued by the state. If your state has a reciprocity agreement, they have in fact licensed you to carry........unless you have something specific towards the state you are in having to issue your license.

[gnbrotz]

I am not "licensed" by WV, VA or KY. They recognize the fact that I have been "licensed" by PA and accept that licensing as an exemption to their own licensing process. Thus, I believe I am exempt from the Federal regulation in PA only.

[awkx]

Originally Posted by headcase

I would disagree on the face of it. It says "Licensed to do so by the state....", it does not say the license must be issued by the state. If your state has a reciprocity agreement, they have in fact licensed you to carry........unless you have something specific towards the state you are in having to issue your license.

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.

[gnbrotz]

I think the part in bold supports my argument that reciprocity does not apply:

if the individual possessing the firearm is licensed to do so by the State in which the school zone is located

Also, does VT issue on a voluntary basis? I know that AK does even though it's not required to carry. No issue by VT would mean no exception under Federal law.