CC in other states with regards to GFSZA of 1995

[WeThePeopleOfTheUS]

Hi, I'm new to the forum as well as gun ownership (I'm fairly young) and I have a question regarding concealed carry. From what I can work out reading the Gun Free School Zone Act of 1995, an individual licensed to carry a firearm is exempt in the state in which the school is, but only in that state. With regards to the Firearm Owners' Protection Act to allow interstate transportation of firearms for those "passing through," would it not still be illegal to pass through a school zone in another state while concealed carrying?

[Rosco the Iroc]

Read the sticked treads at the top of the list on each carry forum sub section.

Then if you still have questions come back.

But at least your in the right place to achieve some gun law knowledge.

[tl_3237]

Hi, I'm new to the forum as well as gun ownership (I'm fairly young) and I have a question regarding concealed carry. From what I can work out reading the Gun Free School Zone Act of 1995, an individual licensed to carry a firearm is exempt in the state in which the school is, but only in that state. With regards to the Firearm Owners' Protection Act to allow interstate transportation of firearms for those "passing through," would it not still be illegal to pass through a school zone in another state while concealed carrying?

In 2002 the BATFE, as the regulatory agency, issued a letter saying that the GFSZA only exempted those 'licensed' in the state where the school exists. See http://www.handgunlaw.us/documents/batf_school_zone.pdf

Although I'm unaware of any adjudication, an argument can be made that a reciprocated license is tantamount to a license 'issued' as part of the reciprocal process. Again no case law but I'm also unaware of anyone charged with violating the GFSZA (18 USC 922(q)) absent some other accompanying criminal activity.

As to FOPA, it has no effect on Federal gun law (eg GFSZA) and would be inapplicable.

[donm]

The GFSZA, as interpreted by BATF in this letter, essentially makes reciprocity worthless. It's virtually impossible to travel more than a few blocks in any urban/suburban area and not come within 1000 feet of a school of some kind. It's a risk to be sure, though a minimal one.

[WeThePeopleOfTheUS]

In 2002 the BATFE, as the regulatory agency, issued a letter saying that the GFSZA only exempted those 'licensed' in the state where the school exists. See http://www.handgunlaw.us/documents/batf_school_zone.pdf

Although I'm unaware of any adjudication, an argument can be made that a reciprocated license is tantamount to a license 'issued' as part of the reciprocal process. Again no case law but I'm also unaware of anyone charged with violating the GFSZA (18 USC 922(q)) absent some other accompanying criminal activity.

As to FOPA, it has no effect on Federal gun law (eg GFSZA) and would be inapplicable.

I certainly understand the reciprocity argument, and can understand the lack of any case law expressly granting or denying carrying rights in another states' school zones.

That said, as FOPA allows you to pass through another carrying a firearm from what I understand, what if the state passing you are passing through does not have a reciprocity agreement with the state in which you are licensed? Is there any argument to be made that would allow you to do so? I know it's highly unlikely that someone would ever end up in a situation where they would be charged under these circumstances, but would like to see how the law could be interpreted.

[mrjam2jab]

Hi, I'm new to the forum as well as gun ownership (I'm fairly young) and I have a question regarding concealed carry. From what I can work out reading the Gun Free School Zone Act of 1995, an individual licensed to carry a firearm is exempt in the state in which the school is, but only in that state. With regards to the Firearm Owners' Protection Act to allow interstate transportation of firearms for those "passing through," would it not still be illegal to pass through a school zone in another state while concealed carrying?

FOPA is not concealed carry. FOPA has the firearm unloaded and locked away in trunk or locked case. The same "locked away" elements are also exceptions to the GFSZ.

Also....someone else maybe able to correct me....but GFSZ is a federal offense...I'm not sure a Local LEO can charge anybody with violation of such

[tl_3237]

As I stated previously, FOPA does not affect Federal laws (eg GFSZA) - it only affects laws made by states and lower political subdivisions:

18 USC § 926A. Interstate transportation of firearms.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

As mrjam2jab already indicated, FOPA is not 'carrying' in the sense of on-person but instead unloaded transport.

[WeThePeopleOfTheUS]

Thank you all for the clarification. I'm not sure how I missed the FOPA requirement that it be locked away. I'll have to keep that in mind for future reference, wouldn't want to do anything illegal.