Gun-Free School Zones Act of 1990

[steve4102]

How does this Federal GFSZ affect States with Constitutional Open Carry?

If OC is legal to State residents without a License or permit, are they in compliance or in violation of Federal law if they OC within 1000 feet with no permit/license?

[Tom Servo]

How does this Federal GFSZ affect States with Constitutional Open Carry?

The language only makes an exemption for those who've been issued a permit. In fact, the way it's written prohibits off-duty and retired officers carrying under the LEOSA.

[Koda94]

so basically in say Vermont, nobody can carry in any manner within a school zone?

[carguychris]

Koda94, that is basically correct, unless the person is a LEO and is on-duty.

[steve4102]

The Federal GFZ law also list an exception for possession on private property.

Does this pertain to all private property within the 100 foot zone or only "Your" private property as in your home?

Would one be in violation of the 1000 foot law if caught carrying at a Convenience Store inside the 1000 foot zone as it is private property, but not their property?

[FITASC]

Where I live, if you have a CWL, you can bring your concealed weapon onto school grounds if you are in line to pick up your kid from school. If you have to go IN the school, that is something different

[Aguila Blanca]

Originally Posted by FITASC

Where I live, if you have a CWL, you can bring your concealed weapon onto school grounds if you are in line to pick up your kid from school. If you have to go IN the school, that is something different

That's state law. The GFSZ Act is federal law. If your kid attends the school, in all probability (unless you are in a permitless open carry state) you would have a permit issued by the state in which the school is located. That's an exemption under the GFSZ Act.

In an open carry state, since the exception to the GFSZ Act is a permit issued by the state in which the school is located, your state may not care if you drive onto school grounds while picking up your child, but you would be in violation of the federal law every time you drive to or from the school (as well as wheile on the school property itself).

[Koda94]

I thought the state issued permit exempted you from the GFSZ law regardless of if you were inside the building or even if you had children enrolled?

[Aguila Blanca]

Originally Posted by Koda94

I thought the state issued permit exempted you from the GFSZ law regardless of if you were inside the building or even if you had children enrolled?

I don't think so. The way the law is written (IIRC) the "zone" extends for 1,000 feet around the school property. The definition of "School Zone" includes "in" the school, on the grounds of the school, and a zone extending 1,000 feet around the school property.

http://gunlaws.com/Gun_Free_School_Zones_Act.pdf

(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.

...

18 USC § 921 Definitions
(a) As used in this chapter—
(25) The term “school zone ” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

[steve4102]

I did the Google on 18 USC § 921 Definitions,
http://www.law.cornell.edu/uscode/text/18/921

And I can't find,

(i) on private property not part of school grounds;

If I was walking down the street inside the 1000 foot zone with a firearm and a "recognized" out of State permit, I would be in violation of the GFSZ Act. If I hopped off the street onto private property (not mine) would I no longer be violating the GFSZ Act?

[Koda94]

Originally Posted by steve4102

If I was walking down the street inside the 1000 foot zone with a firearm and a "recognized" out of State permit, I would be in violation of the GFSZ Act. If I hopped off the street onto private property (not mine) would I no longer be violating the GFSZ Act?

the way I see it NO. But I am not a lawyer...

Originally Posted by Koda94

I thought the state issued permit exempted you from the GFSZ law regardless of if you were inside the building or even if you had children enrolled?

I was able to look into my own question and it is correct, the GFSZ excludes state issued license holders from anywhere in or on school property. With a state issued license you don’t even have to have any compelling interest such as attending your child’s school function.
http://en.wikipedia.org/wiki/Gun-Fre...990#Exceptions


here is another random question: how does the GFSZ act affect firearms that have NOT moved in, or otherwise affected, interstate commerce.... would a legally home made firearm qualify as such?

[hartcreek]

So here is one to get your mind around......My local CMP Junior program is at what was the Junior High school. Has been there since the sixties.

[steve4102]

Originally Posted by Koda94

the way I see it NO. But I am not a lawyer...

Thanks
What do you see and where did you find it? All I see is "private property"?

[Koda94]

Originally Posted by steve4102

What do you see and where did you find it? All I see is "private property"?

All I see is in the text of the law. See the Wikipedia link I shared for reference.

[Aguila Blanca]

Originally Posted by Koda94

I was able to look into my own question and it is correct, the GFSZ excludes state issued license holders from anywhere in or on school property. With a state issued license you don’t even have to have any compelling interest such as attending your child’s school function.

I apologize, you are correct.

However, that's only an exemption from the federal GFSZ Act. The federal law doesn't and can't offer an exemption from state laws prohibiting firearms in schools (and usually on school grounds), and I don't think there's any state that doesn't have some sort of list of places you can't carry that includes schools.

Originally Posted by Koda94

here is another random question: how does the GFSZ act affect firearms that have NOT moved in, or otherwise affected, interstate commerce.... would a legally home made firearm qualify as such?

My layperson's answer is that I don't want to be the test case.

Montana passed a law a year or two ago that says firearms manufactured within the state and that remain in the state are exempt from federal regulations. I'm pretty certain that nobody has tested it yet, but I believe the federal D.O.J. has said they disagree, and they'll treat Montana-made firearms the same as all others.

The catch is the concept of "in or affecting" interstate commerce. The feds have already used this to assert jurisdiction over sale and consumption of locally grown marijuana. Their contention (which I believe was upheld in court) was that by growing marijuana locally, the defendant "affected" interstate commerce by NOT making it necessary to import marijuana from another state. With logic like that, it's easy to predict that it would not be enough to just say a gun was manufactured in Montana. To get any traction at all, the iron ore would have to be mined and smelted in Montana, the ores for all the alloying components would have to be mined and smelted in Montana, and ALL parts of the firearm would have to be made and assembled entirely within Montana. If they really got a burr under their saddle, they (the feds) might even claim that the machinery used to create the parts would have to have originated entirely within Montana.

Basically, they have stretched the original intent of the interstate commerce clause beyond recognition, in order to assume federal jurisdiction over things that are none of the feds business. Sadly, the Supreme Court has allowed this erosion to take place.

[Koda94]

Originally Posted by Aguila Blanca

However, that's only an exemption from the federal GFSZ Act. The federal law doesn't and can't offer an exemption from state laws prohibiting firearms in schools (and usually on school grounds), and I don't think there's any state that doesn't have some sort of list of places you can't carry that includes schools.

Oregon has almost no restrictions with a state issued license, zero restrictions regarding schools. Hopefully that stays under the legislative radar as our state slides deeper into liberal political control.
I knew about this already but didn’t make the connection with the GFSZ until this thread got resurrected. We've simply never voted in any state legislation adding licensed carry prohibitions at schools and Oregon’s pre-emption clause prohibits individual localities from doing so. (in fact in Oregon there really are less than a handful of places off limits with a state issued license)


And I agree I don’t want to be any test case, but that was a random question ...and moot to me because I don’t own any equipment to fabricate a firearm.