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Old February 27, 2013, 07:27 PM   #1
9mm
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Churches with schools, CCW?

So theres a few new churches I like to check out but sometimes churches have schools, pre-k to k in them. Theres nothing on the sign to tell me it's a school or believe its a school, so could you get charged with federal crime on school grounds? how though if you do not know if they have a school?
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Old February 27, 2013, 08:24 PM   #2
Tickling
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Per the federal gun-free school zone act of 1990:

Quote:
Pursuant to 18 U.S.C. § 921(a)(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.
Pursuant to 18 U.S.C. § 921(a)(26) the term "school" means a school which provides elementary or secondary education, as determined under State law.
You will probably need to look up your state laws. As for your other questions, I have no idea. Hopefully someone more knowledgeable will come along.
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Old February 27, 2013, 09:05 PM   #3
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What I was asking is that, can they charge you for gun on church grounds/school pre school run by church if you don't know if its a school (no signs to say church has school)
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Old February 27, 2013, 09:22 PM   #4
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I would very much doubt you'd get into trouble. Presuming school's not in session and it's not marked as a school I'd think you'd be in the clear.
I'd definitely check your state laws, but it seems unlikely that there would be an issue. Of course the law doesn't always follow common sense.
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Old February 27, 2013, 10:19 PM   #5
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federal law allows carry in schools if your licensed to carry by the state in which the school resides. This does not mean the state allows it. See 18USC s922 (scroll down to q.2.b.ii)

http://www.law.cornell.edu/uscode/text/18/922
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Old February 28, 2013, 01:01 AM   #6
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Also, be aware that some States like Georgia do not allow carry on Church grounds, so I assume it would be an issue regardless of the school.
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Old February 28, 2013, 04:40 AM   #7
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You might consider checking whether you are legally allowed to have a gun at church in your state, here in Georgia it is one of the places that carry isn't allowed, and we have pretty relaxed carry laws here.
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Old February 28, 2013, 01:33 PM   #8
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My state it's legal, I was just asking about if a church had a school, pre-k - k/1/2/3grades+ if there is no sign marked, we don't know, could we/I get charged?
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Old February 28, 2013, 01:53 PM   #9
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Its always possible. For probable, you'd probably have to ask a local lawyer specializing in this sort of law.
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Old February 28, 2013, 02:27 PM   #10
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Yes, you would get charged if you did not have your CHL on you at the time.
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Old February 28, 2013, 05:42 PM   #11
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Quote:
if you did not have your CHL on you at the time.
Not talking about that.


My question is, Could you get charged with gun on school grounds (church building) if they have a school in church and you don't know it/see no signs/no indications its a school

It's like I go to walmart and they have a school inside that you don't know about, how could they charge you if you have no belief it's a school. ?
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Old February 28, 2013, 05:42 PM   #12
hermannr
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Think of it like this..are you going to CHURCH or are you going to shool? If it is being used as a Church..it is NO LONGER a School is it?

If you lived in WA I would point you to our AG opinion on what is a school. The law (in WA) specifically states "exclusive use for school activities" if it is a marked school building, or not.

Look in your state law for the definition of a K-12 school, as quite a few churches use (lease) school facilities for church on Saturday or Sunday...so, in your mind, is that school facility still a school when it is lease for some other activity?
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