school grounds question

[seeker_two]

Question: How are "they" going to find out if you have a gun in your car or not?.....

At the risk of stating the obvious, the same way they find out there's one under your clothing in a college classroom or when voting.

Only if it's packed in your suitcase & "they" search it....

We're talking about "in the car", right?....

[LSUTiger]

I would assume private day care facilities also count as schools and are also off limits for CHL? I alway disarm when dropping off or picking up but there have been many smash and grab robberies of cars in the parking lot at my daughters daycare.

I always fear walking out of the day care and into the middle of one of these with my daughter, I'd run back inside.

Worse would be walking into daycare and into the middle of a situation with some distraught parent in the middle of a custody case who was putting my baby at risk.

I have seen some of the mom's get into heated discussions with the administrators over issues with their kids. I wished I was packing then. Got my kid and got outa there ASAP.

[Kythas]

Would the local LEO have any authority to enforce a federal law like GFZSA? Likewise, would they have authority to enforce at the post office?

They would know I am carrying, because if I get pulled over for something in a school zone in Oklahoma, while carrying with my Texas CHL, I would have to inform them when LEO ask for identification.

Yes, local LEOs have authority to enforce federal laws. For example, bank robbery is a Federal crime and local police are often the first responders and arrest the bank robbers.

Strangely, the US Attorney argued in front of the Supreme Court this year in opposing Arizona's immigration law that local police do not have the authority to enforce federal laws. I guess bank robbers will have a field day if SCOTUS buys that argument.

[speedsix]

...in a bank robbery, the locals are acting to enforce the State laws against robbery/bank robbery...then the FBI steps in and the locals yield jurisdiction and the feds actually file the charges as federal charges...locals can arrest on a warrant from any jurisdiction, including Federal...but you seldom find locals enforcing a Federal law...I believe the feds would have to be contacted and would be the ones to file on a Gun Free School Zone violation...

[sjfcontrol]

Robbery is also a state crime

[speedsix]

...that's part of what I said...

[whitewolfz30]

Just for discussions sake, what would happen if you are traveling through a state (armed and with a valid CHL from a recipricol state) and as you are driving you enter a school zone, get pulled over by the police. Have you violated the GFZSA because you traveled by the school within the the 1000' buffer area?

But as I understand the Federal law, that wouldn't even matter if the state authorizes a CHL holder to carry in an area near the school...like TX.


The Gun Free School Zones Act states:[6]

(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.

[Keith B]

Just for discussions sake, what would happen if you are traveling through a state (armed and with a valid CHL from a recipricol state) and as you are driving you enter a school zone, get pulled over by the police. Have you violated the GFZSA because you traveled by the school within the the 1000' buffer area?

But as I understand the Federal law, that wouldn't even matter if the state authorizes a CHL holder to carry in an area near the school...like TX.


The Gun Free School Zones Act states:[6]

(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.

You must posses a license from the state you are currently in to get the exemption for CHL