TexasCHLforum.com

ELB wrote:
I know of one CHL holder who was arrested by local police for a state offense, but prosecuted by a federal prosecutor for violating the GFSZA. The CHL holder won at both district court and circuit court (when the prosecutor appealed) because he (his lawyer) was able to show that he was indeed protected by the exemption (exception?) for those who hold a CHL from the same state the school zone is in. Thus he won not by showing unconstitutionality, but by showing he was well within the law.

see FAQ: Gun Free School Zone Act

What was the case? And if the CHL holder had such a clear exception why did the US attorney bring the case and appeal? What circuit?

Unless the FBI or ATF is running speed traps in school zones, the likelihood of getting charged under this statute is pretty low. The local/state police don't generally enforce federal law. I also think the US attorneys are going to be reluctant to try to prosecute for a fairly technical violation of this statute for fear of it being struck down, as it was in its previous form. I also think there's a decent argument that a reciprocal license holder IS "licensed by (the) state", though that is not the ATF's official interpretation. I wouldn't want to be the dreaded "test case", but I'm not going to be sweating it as I drive through another state's school zone.