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Old March 12, 2014, 12:51 AM   #1
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Join Date: February 4, 2012
Posts: 1,273
Carrying a Firearm in a School Zone off school property

OK, folks, I have been presented with a conundrum, and am hoping you guys can either explain it or otherwise shed light.

One of my local retaiers (Rural King) has begun selling firearms. It is also within 1000 ft of the local high school. I have entered there, browsing their selection, and chit chatting with the man behind the gun counter. He saw that I was open carrying, and stated that doing so was against Federal Law, according to the BATFE guys who helped them set up their license. He informed me that they have to secure any purchased firearm in a locked container and walk the customer to their car. I asked him if he was sure it was Federal law and not a BATFE regulation, and he reiterated it was Federal law.

Now, when I read the US Code, I see the following:

Originally Posted by USC Sec 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;
A school zone is defined as:
Originally Posted by USC Sec 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.
The term "licensed" is not defined in this section. I am working on the assumption that it refers to the person who has a CCP/LTCH.

I have two questions:

1) Are there other Federal laws that might apply here? I'm not worried about State law, since Indiana's school zone does not go off school property.

2) Are the BATFE regulations that might limit the store's ability to allow firearms carry with it being within the school zone?
JimmyR is offline  
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