Does state law supercede federal law...

[Aggie_engr]

When it comes to the federal law restricting firearms within 1000ft. (correct me if I'm wrong) of a school? In other words, even though lawful under state chl laws, would one be breaking the federal law say when storing a gun on a school campus??? I seem to vaguely remember a question about this but no straight answer. TIA
Dwayne

[boomerang]

The unconstitutional Federal law has an exception for a CHL from the state where the school is located.

However you say "storing" so be aware of Texas law (46.03) prohibiting firearms in school buildings.

[KD5NRH]

The unconstitutional Federal law has an exception for a CHL from the state where the school is located.

It also applies only to a firearm that has moved in or otherwise affects interstate commerce, so it's conceivable that, say, a Bond derringer would be exempt, though it's the sort of thing that one would only test as a last resort...or a very expensive way to revisit Wickard v Filburn.

(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so 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;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
(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.

[ClarkLZeuss]

(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so 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;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
(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.

Question: According to this portion (in red), would it be illegal to use your firearm in self-defense in a school zone? Or does subparagraph (B) provide protection for that (i.e. if you have a CHL, you're not breaking the law if you discharge your firearm in a school zone, as long as it was justifiable self-defense)?

[Keith B]

(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so 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;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
(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.

Question: According to this portion (in red), would it be illegal to use your firearm in self-defense in a school zone? Or does subparagraph (B) provide protection for that (i.e. if you have a CHL, you're not breaking the law if you discharge your firearm in a school zone, as long as it was justifiable self-defense)?

The key word here is 'reckless'. If you are using it in a self-defense situation, you should not be deemed that you were doing so recklessly.

[Purplehood]

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.

Isn't the bolded text simply an attempt by the Feds to legitimize their reason for interfering with a constitutional right in the first place? Or am I just being dense (I don't discount this possibility)?

[jorge]

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.

Isn't the bolded text simply an attempt by the Feds to legitimize their reason for interfering with a constitutional right in the first place? Or am I just being dense (I don't discount this possibility)?

By that reasoning they can ban abortions that use medical equipment "that has moved in or that otherwise affects interstate or foreign commerce" regardless of Roe.

[Aggie_engr]

(ii) if the individual possessing the firearm is licensed to do so 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;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

???? So as long as you're licensed, your gun is unloaded, and stored in a locked container you're okay?

[Captain Matt]

???? So as long as you're licensed, your gun is unloaded, and stored in a locked container you're okay?

Yes. You're okay if you're licensed in that state or if the gun is unloaded and locked up.

[bayou_chl]

I believe that particular federal law was held unconstitutional by the US Supreme Court in US v Lopez. The feds can regulate just about anything if it substantially affects interstate commerce. If I am correct the Lopez case was a limit on how far the feds could take the whole commerce clause thing. On a common sense ground it wassimply ridiculous. If you live across the street from a school then you would be a criminal for having a gun . Im glad the Supreme Court struck that foolishness down.

[Keith B]

I believe that particular federal law was held unconstitutional by the US Supreme Court in US v Lopez. The feds can regulate just about anything if it substantially affects interstate commerce. If I am correct the Lopez case was a limit on how far the feds could take the whole commerce clause thing. On a common sense ground it wassimply ridiculous. If you live across the street from a school then you would be a criminal for having a gun . Im glad the Supreme Court struck that foolishness down.

Actually there was a provision that anyone living within the 1000 ft was exempt on their own property.

[Aggie_engr]

Yes. You're okay if you're licensed in that state or if the gun is unloaded and locked up.

Okay so licensed by the state that the school is located in, I'm okay to have it loaded and not locked up (by federal law)? But if unlicensed it has to be unloaded and locked up??? Am I correct? And what about if you're in a state that has reciprocity with Texas and you're within a 'school zone' would it still be lawful even though you're licensed by a different state?

Sorry for all the questions, I just want to be clear about this stuff. I wouldn't want to unknowingly do something that could result in the loss of my chl or criminal prosecution.

[Keith B]

Yes. You're okay if you're licensed in that state or if the gun is unloaded and locked up.

Okay so licensed by the state that the school is located in, I'm okay to have it loaded and not locked up (by federal law)? But if unlicensed it has to be unloaded and locked up??? Am I correct? And what about if you're in a state that has reciprocity with Texas and you're within a 'school zone' would it still be lawful even though you're licensed by a different state?

Sorry for all the questions, I just want to be clear about this stuff. I wouldn't want to unknowingly do something that could result in the loss of my chl or criminal prosecution.

Licensed by Texas in Texas you can carry on school grounds (not in buildings) as long as there is not a school sponsored function going on.

If you travel to another state, your license does not exempt you, even with the reciprocity.