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SWalt
02-07-2012, 6:14 PM
On another thread it was brought up that it was illegal to transport any firearm through a Gun Free School Zone unless it was in a locked container. They also mention CA PC 626.9. I was curious since I never heard that and might drive by schools going to the range, etc. So I looked at the state code and there is this exemption:

(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law. emphasis added

I heaved a sigh of relief but still curious I asked if there was something I was missing. Someone chimed in and said yes there is a federal law too and led me to a CGF wiki,

http://wiki.calgunsfoundation.org/Gun_Free_School_Zones

The wiki said that any firearm has to be in a locked container with in a Gun Free Zone unless it met certain exemptions. "Contrary to California law regarding transport of long guns, this Federal law requires long guns to be "in a locked container, or a locked firearms rack that is on a motor vehicle" Ahhhhhh crap! Started reading the code on the wiki page. But wasn't quite satisfied so decided to look up the code itself.

http://codes.lp.findlaw.com/uscode/18/I/44/922

I noticed the CGF wiki only shows USC 922.q1 and q2 but USC 922 has q1 - q4. USC 922.q4 reads:

(4) Nothing in this subsection shall be construed as preempting
or preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.

Am I missing something again? "Nothing in this subsection shall be construed as preempting..." The plain language seems to say that state law trumps fed law if there is a state law covering Gun Free School Zones. So to me someone would just have to meet state requirements which allows long guns not to be in a locked container.

Anyone?

OleCuss
02-07-2012, 6:21 PM
Nope. It means that states can be more restrictive than are the feds.

Librarian
02-07-2012, 7:48 PM
Nope. It means that states can be more restrictive than are the feds.

Right. Feds set a minimum, which happens to be more than what CA has set for long guns.

Meplat
02-08-2012, 2:30 PM
I think the OP is correct. But no, I do not want to be the test case.

SWalt
02-08-2012, 4:31 PM
Nothing in this subsection shall be construed as preempting
or preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.

I started playing with the sentence a little to see how it looked without OR in it.

1)If it was about letting states enact their own statute it could be written....

Nothing in this subsection shall be construed as preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

2)Or if it was about states statutes preempting fed law then it could read....

Nothing in this subsection shall be construed as preempting a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

Are you preempting the "enacting" or are you preempting the "statute". Anyone with a PhD in english here? The word "preempting" can be construed a couple ways. I kinda go along with Librarian after looking at it a while but who knows? It could be a legalese catch all phrase with its meaning already established in law, I don't know.

In any case it is a "i gotcha" law and allows the feds to step into any investigation of a firearm in a school zone. After all, your intent while driving by a school with a firearm in your vehicle is about getting to where you are going. Unless your intent is to do harm then you will be stopping at the school and don't care what some law says.