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Thread: OC/CC in Gun Free School Zone
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May 3rd, 2008, 11:39 AM #1
OC/CC in Gun Free School Zone
Can anyone advise as to the legality of OC or CC within 1000 feet of a school (Gun Free School Act)?
What about walking down the sidewalk past the front of a school while carrying?
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May 3rd, 2008, 11:50 AM #2
Re: OC/CC in Gun Free School Zone
Oops. Should have researched further before posing the question. Understand that the Gun Free School Act of 1990 was declared unconstitutional.
Sorry about that!
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May 3rd, 2008, 11:53 AM #3
Re: OC/CC in Gun Free School Zone
Saved my fingers a hell of a beating,
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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May 3rd, 2008, 03:57 PM #4
Re: OC/CC in Gun Free School Zone
From Wiki:
The Gun-Free School Zones Act of 1990 was enacted as section 1702 of the Crime Control Act of 1990 (Pub.L. 101-647, 18 U.S.C. § 922(q)) on November 29, 1990.
It was subsequently declared to be an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution by the United States Supreme Court, and was therefore voided. This case, United States v. Lopez (1995), was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
See also United States v. Morrison (2000), in which the U.S. Supreme Court also ruled that Congress lacked the authority to enact such laws even when there was evidence of aggregate effect.
Congress re-enacted the law following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding Congressional findings concerning the importance of establishing gun free school zones to protect public safety and interstate commerce.Get your "Guns Save Lives" stickers today! PM for more info.
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May 3rd, 2008, 04:08 PM #5
Re: OC/CC in Gun Free School Zone
I believe if you have a LTCF, you're okay under the revised federal Gun-Free School Zone Act.
(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.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(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, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; ...Last edited by awkx; May 3rd, 2008 at 04:12 PM.
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May 3rd, 2008, 04:13 PM #6
Re: OC/CC in Gun Free School Zone
Get your "Guns Save Lives" stickers today! PM for more info.
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May 3rd, 2008, 04:42 PM #7
Re: OC/CC in Gun Free School Zone
I would disagree on the face of it. It says"Licensed to do so by the state....", it does not say the license must be issued by the state. If your state has a reciprocity agreement, they have in fact licensed you to carry........unless you have something specific towards the state you are in having to issue your license.
Last edited by headcase; May 3rd, 2008 at 04:44 PM.
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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May 3rd, 2008, 04:48 PM #8
Re: OC/CC in Gun Free School Zone
I am not "licensed" by WV, VA or KY. They recognize the fact that I have been "licensed" by PA and accept that licensing as an exemption to their own licensing process. Thus, I believe I am exempt from the Federal regulation in PA only.
Get your "Guns Save Lives" stickers today! PM for more info.
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May 3rd, 2008, 04:57 PM #9
Re: OC/CC in Gun Free School Zone
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May 3rd, 2008, 06:51 PM #10
Re: OC/CC in Gun Free School Zone
I think the part in bold supports my argument that reciprocity does not apply:
if the individual possessing the firearm is licensed to do so by the State in which the school zone is locatedGet your "Guns Save Lives" stickers today! PM for more info.
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