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August 23rd, 2018, 12:34 PM #1
Question about school zones and other states
Was talking about carrying out of state with your PA LTCF or other license/permit with some people the other day and one guy brought up something I had never knew/thought of and wanted to get some others opinion on wording. The question pertains to carrying in/through a school zone when outside of PA, specifically the exception listed in the gun free school zone act that says:
(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
So does that mean you can only possess/carry in a school zone if you have a permit/license “only” from that state? I.e. while carrying in Delaware you would need a Delaware not a non-resident Utah permit to be legal while in a school zone? Sorry if this has been discussed before, did a search and didn’t find anything.
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August 23rd, 2018, 02:26 PM #2
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August 23rd, 2018, 02:40 PM #3
Re: Question about school zones and other states
^^^^^My understanding also. I'm sure some of our legal experts will chime in shortly.
Sticks and stones will break my bones but hollow points expand on impact.
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August 23rd, 2018, 03:34 PM #4
Re: Question about school zones and other states
The FBI, ATF, and US Dept of Justice will only honor a license from the state in which the school is located.
Example: If you, as a PA resident with a PA LTCF, FL license, AZ license, and a UT license - go through a school zone in Georgia, even though your licenses are honored by Georgia, you would still be in violation of Federal law.
State reciprocity means NOTHING to federal laws.
Now, if you have a FL license(as a PA resident), and drive through a school zone in Florida - you would be legal.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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August 23rd, 2018, 03:36 PM #5
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August 23rd, 2018, 04:05 PM #6
Re: Question about school zones and other states
Thanks guys for the clarification. Never even thought of this while traveling out of state, seems kinda like a “gotcha” thing if for example youre in a state with reciprocity and could just be driving down the road and drive though a school zone not even realizing it, and get pulled over in said school zone. Definitely going to pay more attention out of state now.
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August 23rd, 2018, 04:12 PM #7
Re: Question about school zones and other states
The good news is:
1. You have to be knowingly in a school zone.
2. While it is a primary offense, that portion of law is generally enforced as a secondary offense(after you have been caught for something else).
With #1 above, ignorance can help.. ...If you don't know there is a school zone, it can help your case. (so don't look shit up)RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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August 27th, 2018, 08:35 AM #8
Re: Question about school zones and other states
While that may be....the govt can easily argue that, "it was well marked/posted with a big yellow sign...therefore, you should have known - and we can assume you did, unless you can prove otherwise" (and good luck proving you didn't know).
They argue that for all kinds of signs posted on public streets. I don't see why this would be an exception.
IMHO, relying on "not knowing" and using that as your defense is very risky.
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August 27th, 2018, 08:52 AM #9
Re: Question about school zones and other states
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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August 27th, 2018, 03:02 PM #10Grand Member
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Re: Question about school zones and other states
Allow me to present a follow-up question:
What is the logic behind this law? Are there sports at that level that compete beyond each state? How am I (or why) am I considered more dangerous in a school zone outside of my own state or opposed to inside it? Is it only about allowing states to retain control of their schools with a federal law? Why was that considered necessary.
This also reminds me of this thought: You can deny carry for citizens of your state but it shouldn't allow that state to deny everyone else (outsiders). Maybe then the Antis will realize the illogical construct that is gun control.It is you. You have all the weapons that you need. Now fight. --Sucker Punch
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