School zone???

[mongo]

I see a lot about police finding firearms in a "school zone". What exactly is a school zone? How big is a school zone? Can you own and have firearms if your home is a school zone? Can the police search your home without a warrant if your home is a school zone? Is the idea of a school zone just another way of taking away your rights?????

[tl_3237]

I see a lot about police finding firearms in a "school zone". What exactly is a school zone? How big is a school zone? Can you own and have firearms if your home is a school zone? Can the police search your home without a warrant if your home is a school zone? Is the idea of a school zone just another way of taking away your rights?????

It depends on the context in which you saw "school zone".

There is a school zone defined for Federal purposes of the Gun Free School Zone Act (18 USC 922(q)) As follows:

18 USC 921(a)

(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

there are exceptions to the Federal GFSZA:

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;


being in a school zone has no effect on whether a warrant is required or not required to do a search.

(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.

Being in a school zone per se has no effect on whether a warrant is required or not required to do a search.

Commonwealth law for schools deals only while actually on school property (18 PA CS §912):

§ 912. Possession of weapon on school property.

(a) Definition.--Notwithstanding the definition of "weapon"
in section 907 (relating to possessing instruments of crime),
"weapon" for purposes of this section shall include but not be
limited to any knife, cutting instrument, cutting tool, nun-
chuck stick, firearm, shotgun, rifle and any other tool,
instrument or implement capable of inflicting serious bodily
injury.
(b) Offense defined.--A person commits a misdemeanor of the
first degree if he possesses a weapon in the buildings of, on
the grounds of, or in any conveyance providing transportation to
or from any elementary or secondary publicly-funded educational
institution, any elementary or secondary private school licensed
by the Department of Education or any elementary or secondary
parochial school.
(c) Defense.--It shall be a defense that the weapon is
possessed and used in conjunction with a lawful supervised
school activity or course or is possessed for other lawful
purpose.

[IIIIIREPOIIIII]

If there is a suspect/criminal loose in the neighborhood they can do anything!

Yes - They can kick your door in with no warrant!

Yes - They can also take you from your home with no warrant!

Yes - They can turn your webcam on to see what you have in your home!

Yes - They can disable your car and smash it to bits!

Yes - They will shoot your dog to save the kids!

Yes - They can park a military vehicle outside of your house and point machine guns at you and your children!

No - You cant do or say anything about it!

But i'm not sure about the school zone thing.

[Lexington]

If there is a suspect/criminal loose in the neighborhood they can do anything!

Yes - They can kick your door in with no warrant!

Yes - They can also take you from your home with no warrant!

Yes - They can turn your webcam on to see what you have in your home!

Yes - They can disable your car and smash it to bits!

Yes - They will shoot your dog to save the kids!

Yes - They can park a military vehicle outside of your house and point machine guns at you and your children!

No - You cant do or say anything about it!

But i'm not sure about the school zone thing.

Yep. Boston proved all of that true last year.

[PhillyVet]

Yep. Boston proved all of that true last year.

Does anyone know if anyone in Boston said "NO"?
Has anyone heard of any civil rights law suits having been filed?