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2nd Amend. Politics and Laws Discuss gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 12-30-2008, 07:52 PM
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Liberty1 Liberty1 is offline
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Default LEOs traveling outside their home state using LEOSA are breaking the Law generally...

...if they are knowingly within a federal school zone...and not acting in their official capacity...

Time to get your UT and FL CWPs?

http://www.cs.cmu.edu/afs/cs/usr/wba...hool_zones.txt

Quote:
"(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;

"(iii) that is--

"(I) not loaded; and

"(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;

"(iv) by an individual for use in a program approved by a
school in the school zone;

"(v) by an individual in accordance with a contract entered
into between a school in the school zone and the individual or an
employer of the individual;

"(vi) by a law enforcement officer acting in his or her
official capacity; or


"(vii) that is unloaded and is possessed by an individual
while traversing school premises for the purpose of gaining access
to public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.
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Last edited by Liberty1; 12-30-2008 at 08:06 PM..
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Old 12-30-2008, 07:55 PM
CalCop CalCop is offline
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Quote:
Originally Posted by Liberty1 View Post
...if they are knowingly within a school zone...
Yeah, but if you're out of your home state...you probably don't KNOW where the school zones are.
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Old 12-30-2008, 07:59 PM
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Quote:
Originally Posted by CalCop View Post
Yeah, but if you're out of your home state...you probably don't KNOW where the school zones are.
Is not knowing makes somebody not guilty?
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Old 12-30-2008, 08:03 PM
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Quote:
Originally Posted by rrr70 View Post
Is not knowing makes somebody not guilty?
Ignorance is not usually an excuse to illegal behavior. But, read the law itself in the first post, where it says you must KNOWINGLY do it to be illegal.
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Old 12-30-2008, 08:05 PM
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Now the question is if you are off duty in your own state are you still "acting in your official capacity" in order to be exempt?
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Old 12-30-2008, 08:18 PM
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Quote:
Originally Posted by CalCop View Post
Ignorance is not usually an excuse to illegal behavior. But, read the law itself in the first post, where it says you must KNOWINGLY do it to be illegal.
There's certainly more than one firearms law I've read over that contains the exact wording, one being the 1000' law for schools if I remember correctly. However even if I was unknowingly at 999', I'd still get the book thrown at me as if I threw battery acid on a room full of puppies. If I was a cop, I might just get grounded and told, "NO! That's a bad, bad officer. Go to your room and think about what you've done."
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Old 12-30-2008, 08:29 PM
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"knowing" is applied reasonable person standards here. Ie if you can see school signs - you reasonably should have known, and will be convicted.
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Old 12-30-2008, 08:33 PM
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I dont recall the details but after 9/11 HR 218 (or something like that) gave sworn LEOs to carry across state lines legally or something to that effect. How that plays with school zones I dont know.
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Old 12-30-2008, 09:02 PM
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Police officers are allowed to carry their firearm in every state on or off duty, under federal law passed after 9/11. Federal officers have always been allowed to carry in every state or fly armed.
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Old 12-30-2008, 09:52 PM
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Actually the pilot has the right to deny their (federal LE) privilege to carry aboard aircraft. It's the pilot's call, not the .gov. The pilot has the right to refuse anyone to come aboard, government agents (except air marshals) included.
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