question about federal school zones and reciprocal LTC

[fd15k]

Guys,

CalGuns wiki has a link to a BATF opinion stating that while carrying with a state recognized LTC which is not issued by that same state, one would be in violation of GFSZA should he carry in a school zone.

I was unable to google up any cases where somebody would be prosecuted for that. But the question is what legal authority does BATF have in this matter to offer an interpretation ?

Thanks!

[paul0660]

what legal authority does BATF have in this matter to offer an interpretation ?

Because interpretations are like bungholes, everyone has one. I have read the same thing.

The only Federal prosecutions for GFSZ have been in US Territories and as an add on to other crimes in the US. There have been a few threads about just that.

[Kharn]

You have to be really special to attract federal law enforcement interest for carrying in a school zone with an out-of-state permit or while OCing.

[mrdd]

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;

Also note that the law prohibits discharge within a school zone, and that an LTC or self defense is not an exception:

(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard for
the safety of another, to discharge or attempt to discharge a
firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm
-
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school
zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered
into between a school in a school zone and the individual or an
employer of the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.

[fd15k]

The law is clear:

But reciprocity gives licenses of recognized states same legal weight under state law. Does that not matter in this case ?

[Gray Peterson]

But reciprocity gives licenses of recognized states same legal weight under state law. Does that not matter in this case ?

As currently written, the BATFE letter is correct. This is why I acquire as many out of state licenses as I can to the most extent possible.

I will keep from commenting further...

[Librarian]

But reciprocity gives licenses of recognized states same legal weight under state law. Does that not matter in this case ?

No, it does not matter.

Reciprocity does not apply to Federal law until the Feds say it does.

It doesn't always even apply among states, automatically.

[fd15k]

As currently written, the BATFE letter is correct. This is why I acquire as many out of state licenses as I can to the most extent possible.

I will keep from commenting further...

Sounds good. Perhaps no further commenting is even required, unless somebody has information on related legal developments

[mrdd]

But reciprocity gives licenses of recognized states same legal weight under state law. Does that not matter in this case ?

But the federal law is clear that for exemption of possession you must be:

Licensed by the state where the SZ is located and that to receive such a license, the LEAs of the state (where the SZ is located) must verify that the person is qualified under the law to receive the license.

How could any reciprocal state law qualify for this?

[mrdd]

It appears that H.R. 822 would make this a moot point. It includes:

(b) The possession or carrying of a concealed hand-gun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so.