GFSZ questions???

[J.D.Allen]

Ok so, do I understand correct that the 1000 ft. thing is a FEDERAL law, and that most states just don't enforce it?

Do I also have it correct that in McDonald part of the dicta said that these GFSZ's (1000 ft. from schools) are Kosher?

If these are strictly enforced like they are in CA, it makes everyday carry completely impractical in my opinion, especially in any urban setting, where there are schools everywhere, and you may not even know when you enter into a zone. If the anti's really wanted to, could they start harping on these being enforced to effectively neuter our ability to carry, even if we have shall issue or unlicensed carry laws?

Anyone think the anti's in CA, if forced by the courts to start issuing CCW's to regular citizens, might try to remove the CCW exemption for the GFSZ's?

Just wonderin' whaddya guys (and gals) think?

[J.D.Allen]

OK, just answered PART of my own question, just read part of the federal GFSZ law, and it has an exemption for CCW ("license" is the term used in the law, doesn't refer to CCW or LOC) holders, as long as the state law enforcement has determined they are "qualified" to hold a CCW.

[OleCuss]

So far as California is concerned, there are both state and federal laws. The initial version of the federal law was tossed out as unconstitutional but the follow-on has not. The federal version now is a gross distortion of the Commerce Clause and may not be very enforceable but I'd not care to be the one to challenge it.

The California law is happily enforced in many locations and is not in immediate jeopardy whereas it is possible that the U.S. Congress might challenge the federal GFSZ's (expect an Obama veto) - it'll take court action to get rid of the GFSZ's in California law.

Edit: Note that a Federal provision that allows CCW holders to go into federal GFSZ's doesn't help with the state law so the state can technically remove the CCW exemption. I don't think federal pre-emption would be an issue although if I were a lawyer and desperate I might try using that as an argument.

Removing the CCW GFSZ exemption in California probably isn't a political option. Although it would personally be a huge pain in the butt for me if the CCW exemption were removed I think it would likely help kill off GFSZ's in the long-run.

And I agree that for most of us in California UOC is not much of an option due to the GFSZ's - but if your location is fortunate it might be worth doing.

Personally, I live in a GFSZ and work in another. UOC wouldn't be much of an option for me.

[J.D.Allen]

So technically, if I carry within 1000 ft. of a school in AZ (which I do almost every day, I live very close to a school, not illegal by AZ state law) I could be charged federally even if the state has no such law?

[GrizzlyGuy]

See here, there have been federal GFSZ law convictions post-Lopez, and the re-passed law survived a challenge to its constitutionality in 9th circuit court. As I'm sure you know, you guys down in the great state of AZ are also in the Constitution-shredding 9th circuit.

[J.D.Allen]

See here, there have been federal GFSZ law convictions post-Lopez, and the re-passed law survived a challenge to its constitutionality in 9th circuit court. As I'm sure you know, you guys down in the great state of AZ are also in the Constitution-shredding 9th circuit.

Yeah, well, you can't win em all...