Out of state carry in School Zone Illegal?

[Pa. Patriot]

The "interstate commerce" qualifying text may be the reason for no prosecutions...
More on GFSZ:
http://www.pafoa.org/forum/question-...-question.html

[MontCo Alex]

Originally Posted by tl_3237

On February 6, 2002, a federal grand jury indicted Smith on four counts. Count One charged Smith with possession of a firearm in a school zone, in violation of 18 U.S.C. §§ 922(q), 924(a).

http://altlaw.org/v1/cases/79680

He didn't hold a license, but "Additionally, Smith admitted his role in transporting firearms from Oklahoma to Tennessee. " sounds like that's where they got the 'interstate' commerce part.

In all honesty the 1000 ft law is pretty ridiculous and would unlikely be used. It's sort of a touchy feely law, purely political. Just don't OC and you should be fine.

-Alex

[PA-Joe]

What happens in Open Carry states where a license is not required? The feds can't require a State to issue a license!

[tl_3237]

Originally Posted by PA-Joe

What happens in Open Carry states where a license is not required? The feds can't require a State to issue a license!

Technically you're suppose to be remain 1000'+ from any school grounds or unload your firearm and place it in a locked container before you breach the 1000' circle of exclusion.

[TaePo]

This is all bad enough, think how bad without preemption as well.

How much extra handling of firearms would technically have to occur to remain in compliance?

As we know, handling is usually the point in which mistakes are made, weapons are dropped etc.

IANAL but I think the right (or in our case wrong) court might find against a carrier. I think they would attempt to follow the logic that the state reference is meaning the same home state throughout the sentence/provision.

I prefer Headcase's view of it, though.

[donm]

Originally Posted by idpasharpshooter

i don't meant to hijack your thread but this is news to me. my question is does this law allow someone with a ltcf to carry in a school or just in a school zone.

A more correct interpretation is that this [Federal] law does not prohibit carry in a school zone with a license. Then you need to look at the state, and (in some cases) local laws.

As to the out-of state issue: as has been noted, no license holder has been prosecuted and the meaning of GFSZA is open to interpretation by a prosecutor/judge/jury. It's impractical to carry in a reciprocal state and obey the law under its strictest interpretation, particularly in an urban area. I avoid hanging around in the vicinity of schools while armed, but don't go crazy trying to stay two blocks away from schools (seen and unseen) when passing through.

Don

[mrjam2jab]

Originally Posted by donm

A more correct interpretation is that this [Federal] law does not prohibit carry in a school zone with a license. Then you need to look at the state, and (in some cases) local laws.

State law...yes. Local laws...no...there cant be any.

[exceltoexcel]

This law has been struck down at least twice by the scotus. They just keep rewritting it! The us cannot impose this law on any person outside of federal property wash DC. It just keeps dying and dying but our congress keeps passing and passing. Morons!

[exceltoexcel]

In generAl no one is going to be prosecuted under this law unless they have a long list of other charges! They know it'll be struck down again and again.

[donm]

Originally Posted by mrjam2jab

State law...yes. Local laws...no...there cant be any.

True in PA. Other states may or may not have preemption. You may also be charged with a non-gun offense, like disorderly conduct, if "outed."