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Old December 27, 2017, 01:17 PM   #26
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 10,117
Quote:
Originally Posted by Al Norris
Fixing the "Gun Free School Zone" (GFSZ), I hardly think so.

Whether or not this law, if enacted, voids a state restriction (presumably modeled on the federal law - 922(q)), it does nothing to void the actual federal restriction. It is plain that one must have a license/permit issued by the state in which the school is located:

§922(q)(2)(B)(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;

The proposed national reciprocity law does not explicitly nor even implicitly address the above. You will still need a state permit in order to not fall afoul of federal law.
Al, that's what I thought at first, too. Then, after being told by an NRA rep that it's been taken care of, I read it again, for comprehension. The fix is in the Senate version:

Quote:
Originally Posted by S.446
(b) Conditions and limitations.—The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so.
In other words, under the proposed Senate version, an out of state permit becomes equivalent to a home state permit.

Since the Senate version differs from the House version, if it passes there will have to be a reconciliation session. Hopefully, this provision will survive, because reciprocity is worthless without addressing the GFSZA.

Last edited by Aguila Blanca; December 27, 2017 at 01:23 PM.
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