Another 1000ft. from the school question

[bortle]

Would all the people that live around a school (within 1000ft.) be breaking the law if they have a gun in their house? What about people driving past on the first day of deer season. Or some guy coming back from the fun show with a new toy? Are they all breaking the law? I remember watching deer hunters put on drives behind my school on the hill above the football field. Wishing I was out hunting instead being stuck in school.

[ScaredOnce]

Would all the people that live around a school (within 1000ft.) be breaking the law if they have a gun in their house?

There are some Google-able scenarios where the "driving by" issue has come up as well.

[wa3ra]

NO. Your home is specifically excluded.

(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;



1000 feet is almost 2-tenths of a mile, 3 to 4 city blocks in any direction from a school. In Scranton, that would exclude around 60% of the residential areas!

[tl_3237]

Legal in home or unloaded in a locked container -

18 USC 922(q)(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.
(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;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

[bortle]

Thanks for the answers. I always wondered about that