Question about school zones and other states

[cham09]

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.

[Sgt.K]

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.

That's how I've always understood it.

[STBear]

^^^^^My understanding also. I'm sure some of our legal experts will chime in shortly.

[knight0334]

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.

[tl_3237]

Capture.JPG

From BATF 2002 Letter

[cham09]

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.

[knight0334]

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.

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)

[free]

With #1 above, ignorance can help.. ...If you don't know there is a school zone, it can help your case.

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.

[knight0334]

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.

Not every "school zone" is marked. Local police do not enforce federal law.

The arrest rate on the GFSZA is rather low.

[TaePo]

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.