Permitless Carry?

[Mike J]

I ran across this on another forum & thought it might be worth bringing up here to make people aware. More & more states are making permitless carry legal. However there seems there is a fly in the ointment. There is a federal law that says it is illegal to carry a firearm within 1000 feet of a school zone if you do not have a license to carry a firearm. Here is a link to the law. This would seem to nullify permitless carry & make many people vulnerable to being prosecuted when they thought they were not doing anything illegal.

18 U.S. Code § 922 - Unlawful acts

www.law.cornell.edu

 

[Hvymax]

Doesn't surprise me a bit. When Winston got his new job he looked at all the rules, laws and codes and said that it was impossible for anyone to comply with them all. His boss said "That's the Idea Winston!

 

[Mobuck]

I have no idea about other states but MO includes a clause making it OK to just drive past a school, through the school parking lot, or to leave your gun in the car while attending school functions.
I feel safe in saying there's a considerable number of guns in cars on school grounds in rural America.

 

[GunnyGene]

I have no idea about other states but MO includes a clause making it OK to just drive past a school, through the school parking lot, or to leave your gun in the car while attending school functions.
I feel safe in saying there's a considerable number of guns in cars on school grounds in rural America.

Same in MS. Also there is a exception for private property that's within that 1000'. Also, I've never heard of anyone being charged with violating that stupid law. Although I suppose it could be tacked on to some more serious violation such as a mass shooting, but what would be the point of that?

 

[Mike J]

I have no idea about other states but MO includes a clause making it OK to just drive past a school, through the school parking lot, or to leave your gun in the car while attending school functions.
I feel safe in saying there's a considerable number of guns in cars on school grounds in rural America.

Considering this is federal law I don't think what the state does will save anything. Federal law trumps state law. If you have the appropriate license that changes everything though. I'm not even sure reciprocity would apply with this considering how the law is worded.

 

[Mobuck]

'Federal law trumps state law.'
Guess that depends on how your state perceives such Federal oppression.

 

[GasGuzzler]

I have no idea about other states but MO includes a clause making it OK to just drive past a school, through the school parking lot, or to leave your gun in the car while attending school functions.
I feel safe in saying there's a considerable number of guns in cars on school grounds in rural America.

Same here. I had one lifted from my truck and I had been at the school the night before. I talked to the School Police Chief and she studied the security footage of my truck in the parking lot from the time I arrived until I left to see if the gun was stolen on school grounds. She certainly did not mind at all I had a firearm on campus. At Friday night's football game I am guessing there were hundreds of firearms in the parking lot.

Considering this is federal law I don't think what the state does will save anything. Federal law trumps state law. If you have the appropriate license that changes everything though. I'm not even sure reciprocity would apply with this considering how the law is worded.

That's an untrue and idealistic look at the real world.

 

[Mike J]

Same here. I had one lifted from my truck and I had been at the school the night before. I talked to the School Police Chief and she studied the security footage of my truck in the parking lot from the time I arrived until I left to see if the gun was stolen on school grounds. She certainly did not mind at all I had a firearm on campus. At Friday night's football game I am guessing there were hundreds of firearms in the parking lot.

That's an untrue and idealistic look at the real world.

Did you bother to go to the link that has the law posted at it & read it. If not you should. I am not referring to being on school grounds. The law states that if someone is within 1000 feet of a school zone & has a loaded firearm in their possession that they are not licensed to carry they are in violation of federal law & have committed a felony. My point is many states have legalized permitless carry (sometimes called constitutional carry). Even if you are legal to be carrying in your state without a license/permit if you are doing so within 1000 feet of a school zone you are outside the bounds of the law. If someone is on their own property then they are legal but if they step off their property in that 1000 foot radius they just committed a felony. It would seem to be wise to be aware of the implications of this law that has been on the books since 1990.
The law actually states that in order to be legal one must have a license issued by the state the school zone is in. My understanding of that is that if you have a license issued by another state even if your home state has reciprocity with the state you are in you are still in violation. This is a horrible law that could be used against a gun owner that thinks they are legal & doing nothing wrong.

 

[GasGuzzler]

Did you bother to go to the link that has the law posted at it & read it. If not you should. I am not referring to being on school grounds. The law states that if someone is within 1000 feet of a school zone & has a loaded firearm in their possession that they are not licensed to carry they are in violation of federal law & have committed a felony. My point is many states have legalized permitless carry (sometimes called constitutional carry). Even if you are legal to be carrying in your state without a license/permit if you are doing so within 1000 feet of a school zone you are outside the bounds of the law. If someone is on their own property then they are legal but if they step off their property in that 1000 foot radius they just committed a felony. It would seem to be wise to be aware of the implications of this law that has been on the books since 1990.
The law actually states that in order to be legal one must have a license issued by the state the school zone is in. My understanding of that is that if you have a license issued by another state even if your home state has reciprocity with the state you are in you are still in violation. This is a horrible law that could be used against a gun owner that thinks they are legal & doing nothing wrong.

So you are an ATF mole? The States will not stand for what you say is a "Federal Law". Non-enforcement is the same as non-existent.

 

[Mike J]

So you are an ATF mole? The States will not stand for what you say is a "Federal Law". Non-enforcement is the same as non-existent.

I am not any kind of a mole. I do think it would be good for people to be aware of this law. There have been convictions under this law. https://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

 

[Jeepnik]

So according to the OP if you live within 1000' of a school and carry a firearm out to your truck parked on the street, while on the way to the range or even drive by a school you're committing a felony.

 

[blume357]

First the link is from a college not the actual law. I'm not aware of any exceptions to this law if you have a license to carry... what about post office property which includes the parking lot? The reality is most of us commit several felonies a day and I'm not talking about gun laws....

 

[Mike J]

First the link is from a college not the actual law. I'm not aware of any exceptions to this law if you have a license to carry... what about post office property which includes the parking lot? The reality is most of us commit several felonies a day and I'm not talking about gun laws....

Yep, the text of the law is posted on a college website.

 

[blume357]

the funny or possibly sad part is if you read the reasoning behind the law and how it is justified..

related to interstate commerce:

gun violence is having a negative effect on our education systems

this has a negative effect on interstate commerce and is why it can be made a federal / national law.

 

[Fox Mike]

Here is the same information from a government site;

GovInfo

Official Publications from the U.S. Government Publishing Office.

www.govinfo.gov

 

[Hvymax]

I have no idea about other states but MO includes a clause making it OK to just drive past a school, through the school parking lot, or to leave your gun in the car while attending school functions.
I feel safe in saying there's a considerable number of guns in cars on school grounds in rural America.

America!!! I hear it's nice.

 

[Hvymax]

If the Feds want to prosecute you and they can make the case they will. They can even use Social Media posts in court!!!

 

[Mobuck]

"There is a federal law that says it is illegal to carry a firearm within 1000 feet of a school zone if you do not have a license to carry a firearm. "
On the flip side is the simple fact that some schools in 'FREE AMERICA' are looking for ways to circumvent this law and recruit private citizens/parents to provide armed security to supplement the single 'school resource officer' who's bound to be the first victim in an 'active shooter' scenario.

 

[Chief 101]

I don't remember where our Constitution mentioned school zones...

 

[Hvymax]

I don't remember where our Constitution mentioned school zones...

They have Constitution Toilet Paper