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March 2nd, 2011, 11:50 AM #1
Gun Free School Zones applies while traveling under reciprocity
I was under the impression that having a LTCF exempted me from the GFSZA, but it appears that it only exempts me while in PA. If I'm carrying in a state that has reciprocity with PA, I have to stay 1000 feet away from any school or else.....
http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990
The GFSZA of 1995 voids concealed-carry reciprocity agreements between States:
Although the Federal GFSZA does provide an exception for an individual licensed to carry a firearm, this exception only applies in the State that physically issued the permit. Forty-eight (48) States have provisions to issue concealed carry permits to citizens. Most of these States also enter into reciprocity agreements with other States where each State agrees to recognize the other's concealed carry permits, just as they recognize an out-of-state driver's license. Because the Federal GFSZA requires the permit be issued by the State in which the school zone is in, it is effectively impossible for a permit holder to travel outside their State of issuance to a reciprocating State without violating the Federal GFSZA. An ATF Letter Explains the Situation.
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March 2nd, 2011, 12:18 PM #2Grand Member
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Re: Gun Free School Zones applies while traveling under reciprocity
It is out there and is a risk, though I've never heard of anyone carrying under reciprocity being charged with it. Its strict interpretation makes reciprocity worthless, since it's really not feasible to stay 2 block away from any kind of school in an urban or suburban area. I don't worry about it, though I don't hang around schools anyway. If I were going to spend a lot of time in a state that offers a non-resident license I'd get one, though mostly because it would be familiar to the local LEOs -- GFSZ would be a side benefit.
Last edited by donm; March 2nd, 2011 at 12:21 PM.
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March 2nd, 2011, 12:54 PM #3Super Member
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Re: Gun Free School Zones applies while traveling under reciprocity
It seems highly unusual to say the least that this letter was issued by a non-attorney on a legal definition issue. I would contact the US Attorney's Office to get a newer opinion if you so desire. I am not even sure the ATF would be the one that would issue such a letter.
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March 2nd, 2011, 03:14 PM #4
Re: Gun Free School Zones applies while traveling under reciprocity
A person is only exempted if they have a license from the state in which the school is located. If you travel to FL and only have a PA LTCF, you would not be exempted from the 1000ft zone near a school in Florida. However if you have a non-resident Florida CWP, you would be exempt while in FL.
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March 2nd, 2011, 03:26 PM #5Banned
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Re: Gun Free School Zones applies while traveling under reciprocity
Concealed means concealed. Worry less about getting caught with a gun and more about getting caught without one.
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March 2nd, 2011, 03:28 PM #6
Re: Gun Free School Zones applies while traveling under reciprocity
my tape measure only goes up to 150'
FJB
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March 2nd, 2011, 03:30 PM #7
Re: Gun Free School Zones applies while traveling under reciprocity
"knowingly" is also part of the equation...
(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.
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March 2nd, 2011, 04:24 PM #8
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March 2nd, 2011, 10:08 PM #9
Re: Gun Free School Zones applies while traveling under reciprocity
We need something like this:
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March 2nd, 2011, 10:30 PM #10Grand Member
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Re: Gun Free School Zones applies while traveling under reciprocity
Good luck with that. Take a look at this site: http://www.gunlaws.com/Gun_Free_School_Zones.htm
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