Search found 4 matches

by C-dub
Fri Feb 13, 2015 5:08 pm
Forum: 2015 Legislative Session
Topic: I'm almost hoping Open Carry fails… here's why
Replies: 61
Views: 11036

Re: I'm almost hoping Open Carry fails… here's why

TVGuy wrote:
CleverNickname wrote:
Winchster wrote:
CleverNickname wrote: No, I don't own property that's open to the public. But I'm not arguing that a property owner shouldn't be able to ban firearms. I'm arguing that if they want to ban firearms, then they need to actually take active measures to ensure that firearms are not brought onto their property, not just passively posting a sign which does nothing to prevent someone with ill intent from carrying a gun.
Would you be willing to do all of this on your personal property?
Sure, why wouldn't I?

And as far as reciprocity and the GFSZ law, it would be nice if Cornyn's reciprocity bill changed the GFSZ law to explicitly allow any other carry licenses that were recognized by the state where the GFSZ is located.
MPA as well. I can't imagine how many people unknowingly violate GFZs across the country every day.
I have no doubt that there a many. There are some states and departments that don't enforce the GFSZA or even charge anyone with it unless it is a tack on thing for other crimes committed.
by C-dub
Fri Feb 13, 2015 4:38 pm
Forum: 2015 Legislative Session
Topic: I'm almost hoping Open Carry fails… here's why
Replies: 61
Views: 11036

Re: I'm almost hoping Open Carry fails… here's why

TVGuy wrote:
C-dub wrote:
TVGuy wrote:
mojo84 wrote:
TVGuy wrote:I've open carried in Oklahoma a few times and I have to say that nobody even noticed. I remember the first time was in a convenience store next to a middle school. It was right after school had been let out and it was packed with kids and parents. Glock 19 on my hip and I don't think a soul in the store even noticed it was there.
This brings up a question. How does the Federal Gun Free Zone law apply when out of our state of residence and licensing state? Appreciate any clarification.
IANAL, but my understanding is that if the state has reciprocity and your license is legal there GFZ does not apply for carrying.
That is not quite true. The GFZA only recognizes and allows someone to be carrying a gun within that zone if they are licensed in the state that they are in. Reciprocity does not count in this case. Of course, there are other exceptions such as if you reside within a GFZ, but that's not the issue here.
I'm aware of that, I've heard both sides on this issue. Some are of the opinion that one is considered to be "licensed by the state" includes reciprocity.

Along the same lines, MPA does not cover people against the GFZ act either. I'm yet to hear of any case law against someone in either one of these scenarios that was otherwise carrying lawfully.
There is no case law because the law itself is clear. Although, it would be interesting if someone challenged it based on reciprocity and won. However, here is the part that is clear.

Code: Select all

Pursuant to 18 U.S.C. § 922(q)(2)(B):

[18 U.S.C. § 922(q)(2)(A)] does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

[b](ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located[/b] 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;
If my license is issued by Texas, I cannot legally have my gun on my when I am within 1000' of a school in Oklahoma since I am not licensed by Oklahoma. Oklahoma, merely recognizes my license and allows me to carry in their state. The GFSZA is one of the exceptions to reciprocity between the states.
by C-dub
Fri Feb 13, 2015 3:28 pm
Forum: 2015 Legislative Session
Topic: I'm almost hoping Open Carry fails… here's why
Replies: 61
Views: 11036

Re: I'm almost hoping Open Carry fails… here's why

TVGuy wrote:
mojo84 wrote:
TVGuy wrote:I've open carried in Oklahoma a few times and I have to say that nobody even noticed. I remember the first time was in a convenience store next to a middle school. It was right after school had been let out and it was packed with kids and parents. Glock 19 on my hip and I don't think a soul in the store even noticed it was there.
This brings up a question. How does the Federal Gun Free Zone law apply when out of our state of residence and licensing state? Appreciate any clarification.
IANAL, but my understanding is that if the state has reciprocity and your license is legal there GFZ does not apply for carrying.
That is not quite true. The GFZA only recognizes and allows someone to be carrying a gun within that zone if they are licensed in the state that they are in. Reciprocity does not count in this case. Of course, there are other exceptions such as if you reside within a GFZ, but that's not the issue here.
by C-dub
Fri Feb 13, 2015 10:29 am
Forum: 2015 Legislative Session
Topic: I'm almost hoping Open Carry fails… here's why
Replies: 61
Views: 11036

Re: I'm almost hoping Open Carry fails… here's why

IMHO, if OC passes here my biggest fear is that it will be much like Colorado after they legalized recreational marijuana. It has been illegal for so long that there will be so many people, relatively speaking, doing it that it will draw a lot of unwanted attention and backlash possibly even to the point of regret. It is true that in other states OC has mostly been a non-issue, but it has also been legal in most of those states for quite some time or it was never illegal. And given that Texas is such a great state and has attracted so many libs here for various reasons over the past decade or more it has changed the culture a little.

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