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Thread: I reside next to a school zone.
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April 25th, 2010, 10:50 AM #1Junior Member
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Tamaqua,
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I reside next to a school zone.
What rules/law is applicable to my situation, i.e. OC.
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April 25th, 2010, 10:57 AM #2
Re: I reside next to a school zone.
If you hold a PA LTCF, you are exempt from the 1000' federal "gun free school zone". As long as you stay off the actual grounds, PA law should not come into play.
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April 25th, 2010, 10:58 AM #3Grand Member
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Philadelphia,
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Re: I reside next to a school zone.
According to state law, you may not carry any weapon (firearms or otherwise) onto school property. But there is no law against being armed near a school.
http://forum.pafoa.org/concealed-ope...nsylvania.html
According to federal law, you can't carry without an LTCF within 1000 ft of a school (ie, pretty much anywhere inside most cities), unless your weapon is unloaded and in a locked container. You can do so with an LTCF. The ATF's interpretation of the law is that you must have an LTCF from the state containing the school, ie they say that you would be breaking the law if you carried near a school in Florida while carrying under reciprocity. I'm not sure if this opinion has been tested in court.
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April 25th, 2010, 11:46 AM #4
Re: I reside next to a school zone.
The GFSZA of 1995 also provides an exception for "(i) on private property not part of school grounds; " [18 USC 922(q)(2)(B)] so possession on private property is allowed even within 1000 feet of the school grounds irrespective of any LTCF type licensure.
IANAL
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April 25th, 2010, 12:15 PM #5
Re: I reside next to a school zone.
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April 25th, 2010, 12:16 PM #6
Re: I reside next to a school zone.
I never really thought of this. My house is surrounded on 3 sides by school property, all within 1000'.
Our street bisects the school property. So does the sidewalk count as school property?The right to bear arms isn't for hunting bear. Subliminal Messages
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April 25th, 2010, 12:19 PM #7
Re: I reside next to a school zone.
Get your "Guns Save Lives" stickers today! PM for more info.
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April 25th, 2010, 12:32 PM #8
Re: I reside next to a school zone.
Good question.
I'm under the impression that the sidewalk is owned by the abutting property owner (school in this case) and said ownder is responsible for construction and maintenance. However there also is an implied public easement that the sidewalk is made available to the general public for normal transient ambulation.
Whether you can be in violation of 912 for walking on the public sidewalk abutting a school is an interesting scenario. I can see it argued both ways on very technical issues but, in the interest of justice, it would seem the statute's intent would not be to prevent you from otherwise legally possessing a firearm while walking past a school.
Again only my opinion as a layman.IANAL
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April 25th, 2010, 12:54 PM #9
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April 25th, 2010, 04:33 PM #10
Re: I reside next to a school zone.
Not just the ATF's interpretation...that's word for word what the statute states...
(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 obtain 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 mrjam2jab; April 25th, 2010 at 04:44 PM.
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