So-Called Federal Gun Free School Zone

[Statkowski]

Okay, so it may or may not be constitutional.

Okay, so you could probably count the number of federal convictions for such on one hand.

Okay, Pennsylvania does not have a "school zone" prohibition.

Given all the recent hoopla over Arizona's recent law authorizing state and local law enforcement people to enforce the federal law against entering the country illegally, something they were prohibited(?) from doing before.....

Could a Pennsylvania law enforcement type enforce the federal gun free school zone law?

[t1m0thy]

Good question. Would the federal law then strip away the defense of "other lawful purpose"?

[leeam]

IANAL

From what I understand, you're exempt from the Federal GFSZ in PA if you have a LTCF, but PA statue prohibits carry on school grounds even with LTCF (it's an M1). The PA prohibition on carry doesn't provide an exemption if you have a LTCF. It provides a defense if you are carrying for other lawful purpose, but it does not say this defense requires a LTCF.

So... under PA law you have a defense regardless of having a LTCF, but in order to be exempt from the Federal GFSZ you need a LTCF.

[whoshisface]

the federal law has been struck down by SCOTUS several times they just keep re-writting the damn thing. NO I WILL NOT CITE. Move your hand two inches north and search. The federal law cannot stand in any circumstance.

[whoshisface]

hedge the jerks that cannot search
http://mobile.highbeam.com/docview.a...1G1%3a16932936

[LittleRedToyota]

the federal law has been struck down by SCOTUS several times they just keep re-writting the damn thing.

well, once. not several times.

but, yeah, they didn't even really rewrite it. just added some "findings" about how they think it effects interstate commerce so they should be allowed to pass the law...and added that the gun had to have moved in interstate commerce at one time--which, of course, describes pretty much every gun on the market.

The federal law cannot stand in any circumstance.

of course it could. we're talking about SCOTUS here. they once ruled the commerce clause gave congress the right to prevent a from man growing his own food for cryin' out loud...and have refused to correct themselves for close to a century since.

and, in fact, the "revised" version of the GFSZA has been upheld in at least one circuit (though, i do believe it was shot down in another).

[mrjam2jab]

Here are the changes made to the GFSZ Statute in 1995

[tl_3237]

Given all the recent hoopla over Arizona's recent law authorizing state and local law enforcement people to enforce the federal law against entering the country illegally, something they were prohibited(?) from doing before.....

Could a Pennsylvania law enforcement type enforce the federal gun free school zone law?

I've tried to research the issue as to whether state/locale police can enforce Federal law before and the results are inconclusive but the prevailing tenant is that they could not. The proper procedure would be to hold the suspect under a state charge/procedure and contact the proper Federal authority (FBI, ICE, ATF, etc) to see if they wanted to assume the case for the Federal violation.

As I understand the AZ law its purpose was not to authorize state polce to enforce Federal immigration law but instead to make it a state crime in addition to the Federal crime - thus allowing state authorities to arrest and prosecute an illegal alien at the state level. In addition to making it illegal to hire, transport, shield illegal aliens it also makes it a trespassing offense for the alien to be in the state without an alien registration/receipt card.