Out of state, school zone, carry clarification.

[ett]

Please correct me on anything I have wrong.

Federal law states that a person can not carry on K-12 school grounds or within 1,000 feet of a K-12 school unless that person has a permit from that state in which the school resides.

So when riding my motorcycle out of PA, visibly carrying, along public roads, in states for which my PA LTCF, Utah CFP, and/or Arizona CWP are accepted; such as Delaware and West Virginia.
Or same for driving a car with loaded handgun inside the car.
My understanding is that I would be breaking Federal by riding along a road that travels within 1,000 feet a K-12 school.

Is my understanding correct ?
If correct. How strictly would it be enforced for the above situation ?

Since I'm in or on a mode of transportation.
Would it still be considered carrying or would it be considered transporting ?
Would that distinction be state independent ?

If it is considered transporting.
Would that mean Federal law would not be broken by driving or riding within 1,000 feet of school ?


Thanks;

[Gman106]

I believe I've seen this discussed here previously. It's a gray area which will need to be tested in court.

[gnbrotz]

Please correct me on anything I have wrong.

Federal law states that a person can not carry on K-12 school grounds or within 1,000 feet of a K-12 school unless that person has a permit from that state in which the school resides.

So when riding my motorcycle out of PA, visibly carrying, along public roads, in states for which my PA LTCF, Utah CFP, and/or Arizona CWP are accepted; such as Delaware and West Virginia.
Or same for driving a car with loaded handgun inside the car.
My understanding is that I would be breaking Federal by riding along a road that travels within 1,000 feet a K-12 school.

Is my understanding correct ?
If correct. How strictly would it be enforced for the above situation ?

Since I'm in or on a mode of transportation.
Would it still be considered carrying or would it be considered transporting ?
Would that distinction be state independent ?

If it is considered transporting.
Would that mean Federal law would not be broken by driving or riding within 1,000 feet of school ?


Thanks;

I agree with your understanding that you are technically in violation of the statute. There is no way to know how strictly it may be enforced in a given area, though I'd guess that overall political climate might be a clue. That law does not address "carry" vs. "transport". It regulates "possession".

You could become compliant if the gun were unloaded and in a locked container while within the school zone, but that's not the scenario you presented.

[knight0334]

Technically you would violate federal law if you are within 1000' of a school while on public domain if you do not have a license/permit from the state in which the school is located. However, there are exemptions for if the firearm is unloaded and is within a locked container, or on a locked firearms rack that is on the vehicle.

The GFSZA of 1994 isn't enforced by local/state entities, only by the Feds. And typically in concurrence to other violations.

States may have similar, lessor, or greater laws on the matter beyond and on top of federal law.

If a state/locality wants to be a real dick, they could cite you for the local/state violation, convict you, and then assist federal prosecutors to also charge/try/conviction you. However, the feds have a very limited case history of using that law. Seriously, I saw a list a few years ago that had less than 50 people on it that got charged/convicted.

[esh21167]

My mind sometimes wanders with these types of threads/questions.

In OP situation, what if some Karen notices him and calls LE. Then the the next day they camp out and 'catch' him?

What if someone owns guns, and then a school is built within 1000 yards of their home? What if that owner had a range he used for 20 years, then the school is built?

[gnbrotz]

My mind sometimes wanders with these types of threads/questions.

In OP situation, what if some Karen notices him and calls LE. Then the the next day they camp out and 'catch' him?

What if someone owns guns, and then a school is built within 1000 yards of their home? What if that owner had a range he used for 20 years, then the school is built?

As knight said, state/locals can't enforce it. The likelihood of locals calling in the feds because of "Karen" are pretty low. The prohibition doesn't apply on private property, so the home/home range questions are moot.

[Manxdriver]

As knight said, state/locals can't enforce it. The likelihood of locals calling in the feds because of "Karen" are pretty low. The prohibition doesn't apply on private property, so the home/home range questions are moot.

Pretty sure any entity thinking about building a school will first identify the gun range owner and offer to allow him/her to do away with it at no cost to them. Failing that, they would use Eminent Domain to confiscate the land for their new *Teacher*s parking lot* and *School Resource Officer Target Range* . If it*s a really nice range, they might not even bulldoze it.

[philadelphia patriot]

LEOSA never addresses this either. The LEOSA amendment bill that never gets brought up any more in Congress addresses this along with other things.

[Bang]

I thought "for legal purpose" pretty much attenuated it.

[gnbrotz]

I thought "for legal purpose" pretty much attenuated it.

I think your confusing language contained in the state law (allowing "use in conjunction with a lawful supervised school activity or course" and "other lawful purpose" as defenses) with the federal law, which requires an in-state license or participation in a few select exempted activities.