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Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 11:56 am
by Booster
My wife has yet to obtain her CHL, therefore she is unlicensed. I recently got her a G-19 and she will be carrying in her car to and from work. She goes to work very early and has a long commute. My question is, on the days she has to pick up the kids from school, is she legal to leave her concealed firearm in a locked car, in the parking lot of a school? I have searched topics here and have not found specifically what I am looking for.
Re: Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 12:04 pm
by Keith B
Your wife would be in violation of the
Gun Free School Zone Act if she does not have a CHL. There is no exemption from the GFSZA for carrying under the
Motorist Protection Act.
Re: Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 12:10 pm
by Booster
Thanks Keith.
Am I legal to carry my Remington 870 tactical shotgun with my CHL at the school? I always disarm when picking up my children.
Re: Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 12:19 pm
by Keith B
Booster wrote:Thanks Keith.
Am I legal to carry my Remington 870 tactical shotgun with my CHL at the school? I always disarm when picking up my children.
No. Your CHL means 'Concealed
Handgun License' and does not give you any authorization for carry of long guns. A long gun will be in violation of the GFSZA
if loaded or unloaded and not locked up..
EDITED TO ADD: Here is part of the GFSZA and the link to the official document
http://thomas.loc.gov/cgi-bin/query/F?c ... M0:e174354" onclick="window.open(this.href);return false;:
SEC. 1702. GUN-FREE SCHOOL ZONES ACT OF 1990.
(a) SHORT TITLE- This section may be cited as the `Gun-Free School Zones Act of 1990'.
(b) PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM IN A SCHOOL ZONE-
(1) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:
`(q)(1)(A) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
`
(B) Subparagraph (A) shall 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 obtain 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) which is--
`(I) not loaded; and
`(II) in a locked container, or a locked firearms rack which 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.
Re: Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 1:26 pm
by Booster
Thanks again for the info Keith. It was very helpful and to the point. It seems that the places you can exercise your 2A rights have been infringed upon to the point there are not many places you can exercise them anymore. My wife cannot protect herself to and from work because she may have to stop and pick up our kids from school. There is something majorly wrong with this. I will continue pressing the CHL for her.
Re: Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 3:56 pm
by sf340b
If you think this is a bummer, wait till the Constitution is outlawed.
My bad, I guess parts of it already are.
Re: Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 4:46 pm
by Aggie_engr
1.) So a long gun in your vehicle has to be unloaded and locked up while in a school zone?
2.) If you are just passing through on a public street that is next to a school is that considered a school zone?
Re: Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 5:00 pm
by dicion
Aggie_engr wrote:1.) So a long gun in your vehicle has to be unloaded and locked up while in a school zone?
2.) If you are just passing through on a public street that is next to a school is that considered a school zone?
Technically, yes, on both counts.
This is Federal law, however, not state law. Don't expect local LEO's to generally know or enforce this.
From a thread that researched this before, this has been more of an 'add-on' charge. Basically, you screwed up, got arrested for something else, and, oh yea, we can add this to the charges too.
Re: Unlicensed wife and school pickup
Posted: Sun Nov 22, 2009 8:36 pm
by nils
There is something really screwed up about this....sad, sad,sad. My advice is to have your wife carry in the car, and if she has to pick up the kids, remind her not to break any laws.....I'd rather be judged by 12 then carried by 6....that's my philosophy. Good luck, and be safe.
![evil :evil2:](./images/smilies/evil-2.gif)
Re: Unlicensed wife and school pickup
Posted: Mon Nov 23, 2009 12:26 am
by dihappy
Better if she just gets her CHL
Re: Unlicensed wife and school pickup
Posted: Mon Nov 23, 2009 11:13 am
by jsimmons
Booster wrote:she is unlicensed
I hate it when unlicensed wives are allowed out in public... :)
Re: Unlicensed wife and school pickup
Posted: Mon Nov 23, 2009 3:11 pm
by Kythas
jsimmons wrote:Booster wrote:she is unlicensed
I hate it when unlicensed wives are allowed out in public... :)
![rlol "rlol"](./images/smilies/rlol.gif)
Re: Unlicensed wife and school pickup
Posted: Mon Nov 23, 2009 3:44 pm
by edmart001
Heck my wife is unlicensed and sometime unhinged....
Re: Unlicensed wife and school pickup
Posted: Mon Nov 23, 2009 5:30 pm
by 45 4 life
My wife is licensed and has all of her shots.
Re: Unlicensed wife and school pickup
Posted: Mon Nov 23, 2009 7:32 pm
by RHenriksen
Boy, this is the thread that keeps on giving!
![Laughing :lol:](./images/smilies/icon_lol.gif)