How old do you have to be to carry a ar 15 to a 2nd amendment protest

[BobFromBucks]

That is correct.

Be sure to check the school zone. Use the nearest wall of the building as your starting point.

I provided measurements for the Clarion and Brookville Open Carry meets from Google Maps, using Google's scale.

I can't leave my neighborhood by any street without coming to within a couple hundred feet of a school. 1000 feet might just reach my living room. What's the law say about that? Oh, I was here first. Perhaps I can have the schools shut down because I don't like hearing the noisy kids.

[tl_3237]

United States v Nieves-Castaño used grounds and was upheld. There was (2) that I had found a couple years that used the building proper as the measurement. ...still trying to find them.

I guess to be safe, one should use the nearest edge of school property as the starting point.

Interesting case - thanks.

I reviewed it an its within cited case United States v. Soler, 275 F.3d 146 (1st Cir.2002) . Both cases had somewhat similar language to define an exclusionary zone about a school - "within a distance of 1,000 feet from the grounds of a public, parochial or private school." (Nieves-Castaño for possession of machine gun) or " within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school..." (Soler for drug distribution).

In both cases the location of the prohibited activity occurred in the upper floors of off-campus, private buildings. The issue was in determining whether they fell with the 1000' exclusionary zone and would there necessarily be an allowance for adjustments between street entry to the building to the actual point of the proscribed activity - both horizontally and vertically.

In the Nieves-Castaño case, the horizontal distance between the building (#9) in which the prohibited activity at street level to the school property was 636' and to the school front door was 670'. Even though the true distance would have increased in adjusting for the third floor's horizontal, vertical, or slant distance within the building from the street, it was reasonable to assume that such adjustments wold not reach the 300'+ needed to go beyond the 1000' zone.

In the Soler case the leeway was much closer. The government presented measurement of 963' from the school BUILDING to the street entrance of the building housing the third floor illegal activity. In this case the court ruled that the leeway of 37' was sufficiently small that distance adjustments to get to the third floor could realistically have rendered the drug apartment outside the exclusionary zone - hence reasonable doubt. Of interest is that the government screwed up, as noted by the court, by not measuring from the lot line of the school instead of the wall of a school building - this would have significantly altered the leeway distance allowable for the third floor.

One reason for this intuition is that the government's 963-foot measurement likely overstates the distance from the school to the corner of the apartment building. That measurement started at the school building itself, rather than at the "real property comprising [the] school." 21 U.S.C. § 860(a). The government has made no such argument, however, and it has provided no basis for calculating the distance from the school building to the lot line. We therefore do not probe the point. See United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990) (explaining that arguments not properly developed on appeal are deemed waived).

Based on this I would conclude that the school exclusionary zone for the GFSZA most probable is measured from the lot lines and not the buildings themselves.

[tl_3237]

I can't leave my neighborhood by any street without coming to within a couple hundred feet of a school. 1000 feet might just reach my living room. What's the law say about that? Oh, I was here first. Perhaps I can have the schools shut down because I don't like hearing the noisy kids.

Simple, just read the statute and its 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.