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View Full Version : A little help with school zones please


EOD3
01-07-2010, 7:19 PM
Hi Kids, I know this has been beat to death but just try to find any useful information with a key-word search. :eek:

I "may" be moving into a house across the street from a school. What do I need to know about keeping and transporting handguns and rifles. :confused:

Librarian
01-07-2010, 7:29 PM
Hi Kids, I know this has been beat to death but just try to find any useful information with a key-word search. :eek:

I "may" be moving into a house across the street from a school. What do I need to know about keeping and transporting handguns and rifles. :confused:

Be careful?

See http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones

1) Inside your house, no problem.

2) In your back yard, likely no problem.

3) In your front yard, or on a public sidewalk or street, seems probable that you want handguns in a locked case.

kf6tac
01-07-2010, 7:41 PM
Transporting: lock 'em up. State law only requires you to lock up handguns, but federal law requires long guns to be locked as well.

jrcarr2
01-07-2010, 8:02 PM
Transporting: lock 'em up. .... federal law requires long guns to be locked as well.

Is that specifically for school zones? I've never locked a gun in transit (free states, CA being the exception).

AndrewMendez
01-07-2010, 8:11 PM
EOD3, on your property, thats not accessible to the general public is the "rule." Figuring out how it will play out in court, if your arrested on your property, is a different story all together. Like Librarian stated, if your inside your house, your g2g, if your CCW'ing in your enclosed front yard, your probably good to go. However, if your on your side walk, or other point accessible to the public, your probably asking for trouble, whether or not its illegal or not. I always "double lock" my firearms. They are in the truck, then locked individually. Just in case I run into a LEO unsure of the law.

* it is illegal to bring a firearm onto a school campus or property, and
* it is illegal to have a firearm in a public place within 1000 feet of a k-12 school.

AndrewMendez
01-07-2010, 8:19 PM
Transporting: lock 'em up. State law only requires you to lock up handguns, but federal law requires long guns to be locked as well.

You can carry a longgun in your car as long as it is unloaded!

Chime in if I am incorrect.

kf6tac
01-07-2010, 10:22 PM
Is that specifically for school zones? I've never locked a gun in transit (free states, CA being the exception).

You can carry a longgun in your car as long as it is unloaded!

Chime in if I am incorrect.

Yes, in school zones only. Other places you can have them anywhere in the car if they are unloaded.

Relevant language from the federal school zone statute:

(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—
...
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle

Amacias805
01-07-2010, 11:00 PM
(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
firearmó


what does the bold part mean?

kf6tac
01-07-2010, 11:04 PM
(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
firearmó


what does the bold part mean?

Basically it means that the gun (or components used to assemble it) crossed state lines or national borders at some point. The federal law is based on Congress' power to regulate interstate and foreign commerce, so they can only regulate products that have had an effect on interstate/foreign commerce. So if you bought a long gun in California that was produced entirely out of parts that were made in California and never at any point in its assembly or lifetime left the state, it wouldn't be subject to the federal gun free school zones law.

IrishPirate
01-07-2010, 11:06 PM
"play it safe" goes for everyone no matter where you live. people get arrested for doing things on their own property behind 6 foot fences because someone on a roof could see them doing something they didn't like. it's happened before, it'll happen again. your privacy is only your privacy if no one is truely able to see you.

so keep your guns locked up if possible. if not possible.....get something to lock them up and make it possible. it's not worth the risk of losing your rights because of some BS technicality. and be careful.

kf6tac
01-07-2010, 11:09 PM
"play it safe" goes for everyone no matter where you live. people get arrested for doing things on their own property behind 6 foot fences because someone on a roof could see them doing something they didn't like. it's happened before, it'll happen again. your privacy is only your privacy if no one is truely able to see you.

so keep your guns locked up if possible. if not possible.....get something to lock them up and make it possible. it's not worth the risk of losing your rights because of some BS technicality. and be careful.

This is good advice all around. I double-lock all my guns when I transport them - in a locked case inside my locked trunk. It's more than any of the laws require, but since they're behind one layer of locking already, it's not that much more inconvenient for me to put them behind a second layer.

IrishPirate
01-07-2010, 11:12 PM
Basically it means that the gun (or components used to assemble it) crossed state lines or national borders at some point. The federal law is based on Congress' power to regulate interstate and foreign commerce, so they can only regulate products that have had an effect on interstate/foreign commerce. So if you bought a long gun in California that was produced entirely out of parts that were made in California and never at any point in its assembly or lifetime left the state, it wouldn't be subject to the federal gun free school zones law.

so my phoenix arms hp22, made in CA, would be exempt if all the metal and plastic was mined/produced here in CA and the gun never left the state?

i think it's safe to say that most manufacturers don't use 100% made-in-their-state parts. still very interesting to know

bodger
01-08-2010, 7:07 AM
so my phoenix arms hp22, made in CA, would be exempt if all the metal and plastic was mined/produced here in CA and the gun never left the state?

i think it's safe to say that most manufacturers don't use 100% made-in-their-state parts. still very interesting to know

Interesting to know, and probably even more interesting to try to convince a jury that a gun was legal because every molecule of it was from CA.

Has anyone recently been charged with violating the Federal GFSZ law ?

EOD3
01-08-2010, 12:49 PM
Be careful?

See http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones

1) Inside your house, no problem.

2) In your back yard, likely no problem.

3) In your front yard, or on a public sidewalk or street, seems probable that you want handguns in a locked case.

IF I am reading this right, there is no practical difference between school zone and non-school zone when we're talking about handguns. Unloaded and locked in a container anywhere or unloaded and locked in the trunk.

Long guns however must be unloaded and, if anywhere other than in the locked trunk, locked in a container or gun rack. :mad:

Decoligny
01-08-2010, 1:41 PM
Interesting to know, and probably even more interesting to try to convince a jury that a gun was legal because every molecule of it was from CA.

Has anyone recently been charged with violating the Federal GFSZ law ?

I think the better question is "Has anyone ever been charged with violating the Federal GFSZ law?".

kf6tac
01-08-2010, 1:44 PM
I think the better question is "Has anyone ever been charged with violating the Federal GFSZ law?".

The current version? Don't know. The previous version (which was identical to the current version, but without the "moved in interstate commerce" limitation), yes -- which led to the law being struck down for not limiting itself to guns that had moved in interstate commerce (United States v. Lopez).

Decoligny
01-08-2010, 1:44 PM
IF I am reading this right, there is no practical difference between school zone and non-school zone when we're talking about handguns. Unloaded and locked in a container anywhere or unloaded and locked in the trunk.

Long guns however must be unloaded and, if anywhere other than in the locked trunk, locked in a container or gun rack. :mad:

Absolutely backwards.

There is no practical difference between school zone and non-school zone when we're talking about LONG GUNS.

HAND GUNS however must be unloaded and if anywhere other than in the trunk, unloaded and locked in a container, while in a GFSZ. A HANDGUN can be unloaded and laying on the passenger seat, or carried in a holster if not in a GFSZ.

kf6tac
01-08-2010, 1:51 PM
Absolutely backwards.

There is no practical difference between school zone and non-school zone when we're talking about LONG GUNS.

No, there is a difference (unless you think it's not practical because the feds will never enforce it) -- federal law requires you to lock your long guns when in a school zone. Outside of school zones, neither state nor federal law prevent you from transporting them openly as long as they're unloaded.

bodger
01-08-2010, 2:07 PM
That amazes me, the fact that there is a federal gun law having to do with possession near a school, and nobody has ever been charged for violating it.

One would think the Brady Bunch would have filed a grievance by now.

AndrewMendez
01-08-2010, 2:24 PM
That amazes me, the fact that there is a federal gun law having to do with possession near a school, and nobody has ever been charged for violating it.

One would think the Brady Bunch would have filed a grievance by now.

http://i645.photobucket.com/albums/uu176/harukakaka/think_of_the_children.jpg

Now you gave them the idea, everyone knows all they do all day is lurk around the dark alleys of online gun forums! Where is my tin foil hat?? Man, that pizza guy next door sure looks suspicious!

Decoligny
01-08-2010, 2:30 PM
No, there is a difference (unless you think it's not practical because the feds will never enforce it) -- federal law requires you to lock your long guns when in a school zone. Outside of school zones, neither state nor federal law prevent you from transporting them openly as long as they're unloaded.

BINGO

kf6tac
01-08-2010, 2:47 PM
Turns out the federal law has been enforced recently; here's a thread on another forum that lists examples of prosecutions that took place in the past decade (I doubt that the list is exhaustive):

http://www.usacarry.com/forums/2nd-amendment-politics/7837-concealed-carry-reciprocity-currently-banned-under-federal-law-important.html