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by Dave2
Wed Jun 20, 2012 2:03 am
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 9715

Re: Weapon Free School Zone?

nguyen925 wrote:Just read in another thread that if you're within 1000 ft of a school and or zone you aren't legally able to carry a gun in your car BUT if you have a CHL you're allowed to have a CC as long as you don't enter the school buildings. Glad I got a CHL because I do pass through 3-4 school zones on my way to my college campus AND i passed through a school while turning into my subdivision.
How does that work for people who live within 1000ft of a school? Are they not allowed to have a gun in their own home?
agarcia82 wrote:My chl instructor said it was ok to have a gun in the parking lots of schools also when you go drop off and pick up your child..just not inside the school.. he also said you can cary a gun while you walk on the schools side walk but as soon as you step on the grass of the school property it was a big no no. :???:
You'll definitely wanna double check this with a lawyer, but I believe your instructor was wrong... The same CHL that allows you to carry your gun while you pick up your kid on the way home would allow you to carry it while you stroll across their lawn to greet your child at the front door (as long as you don't go inside). Now, as skittish as people are these days, one could easily question the wisdom of walking onto campus carrying a gun without having a reason to be there, but AFAIK it's legal.
by Dave2
Mon Jan 16, 2012 4:01 am
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 9715

Re: Weapon Free School Zone?

apostate wrote:
Jumping Frog wrote:
tbrown wrote:I followed Federal Law and bought my gun from someone in Texas. That's not interstate commerce so, in accordance with the United States Constitution, this law doesn't apply to me.
Your problem is too much common sense. Your conclusion bears no resemblance whatsoever to the SCOTUS understanding of "interstate commerce".
The disturbing thought is everyone carrying under MPA is also in the same boat for GFSZA. At least tbrown is aware of the risk.
There's gotta be a loop-hole in that somewhere... I got my first gun before my CHL and live well within 1000ft of a school (like, possibly within 100ft if you measure from the two closest corners instead of the two centers). If I can't have a gun in the car with me, doesn't that effectively infringe on that whole "keep and bear arms" thing? How am I supposed to get the thing home from the store?
by Dave2
Mon Jan 16, 2012 3:54 am
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 9715

Re: Weapon Free School Zone?

Mike1951 wrote:The extreme example of this was the farmer that chose not to sell his grain, but use it only to feed his own livestock.

He lost his case because the ruling was that by withholding his own grain from the market, he affected interstate commerce.
I was going to ask you for a link or something so that I could read the details, but then I realized that it probably wouldn't be too hard to look up myself...

So for those of you who, like me, don't know the details, here's the relevant Wikipedia entry: http://en.wikipedia.org/wiki/Wickard_v._Filburn" onclick="window.open(this.href);return false;
by Dave2
Sun Jan 15, 2012 6:39 pm
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 9715

Re: Weapon Free School Zone?

tbrown wrote:With all due respect, the US Constitution says what it says, no matter what some group of robe wearing fanatics think. I drew my line in the sand and I won't give ground to the enemies of the Constitution.
Best of luck with that... you're gonna need it.

(I happen to agree with you, but I believe fighting this particular battle is fairly futile in the current political & social climate. I think a far more productive "attack" would be to point out — in a case revolving around something less controversial — that the current reading the Interstate Commerce clause of having it apply to everything that might directly, or does indirectly, affect interstate commerce would ultimately allow the federal government to regulate what I have for breakfast and the color of my socks. Since the clause was clearly put there as a check on government powers, it must logically be interpreted to only apply to direct, 1st-hand, "person or company in state A doing business directly with person or company in state B" interstate commerce. Once that gets established, this law could be challenged on the basis of a clear lack of constitutional authority and avoid all together the often emotionally-charged issue of whether or not we're collectively safer with guns around.)

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