Why can't Texas do this?

[jvanwink]

Proposal would allow Utahns to pack hidden guns without permit

[Please post in accordance with Rule 19 and include a link.]

[The Annoyed Man]

Forum Rule #19:

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This is for the TexasCHLForum's protection.

[Hoi Polloi]

Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.

Title 18 U.S.C §922(q) The Gun Free School Zones Act of 1995 States:

(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.

Definitions
Title 18 U.S.C. §921(25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.The term “school” means a school which provides elementary or secondary education, as determined under State law.

Penalty
Title 18 U.S.C Section 924(a) establishes the penalty for violating GFSZA:

Whoever violates the Act shall be fined not more than $5,000, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law.

Note: A conviction under the 1995 GFSZA will cause an individual to become a "prohibited person" under the Gun Control Act of 1968. This will bar them from legally owning firearms for the rest of their life.

[The Annoyed Man]

Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.

Good point. I wonder how Arizona, Alaska, and Vermont manage that little item.

[jvanwink]

Utah also allows campus carry on public colleges. Utah, Arizona, Alaska, and Vermont go buy the 10 amendment of the U.S. Constitution!

[ScottDLS]

Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.

Good point. I wonder how Arizona, Alaska, and Vermont manage that little item.

Alaska and Arizona still issue permits for things like reciprocity, NICS exemption, and GFSZA carry.

[Charles L. Cotton]

Utah, Arizona, Alaska, and Vermont go buy the 10 amendment of the U.S. Constitution!

The states can say and do as they please, but an individual facing federal charges won't find the 10 Amendment very helpful. The Commerce Clause has been so perverted that it will support virtually anything Congress wants to pass.

Chas.

[Hoi Polloi]

Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.

Good point. I wonder how Arizona, Alaska, and Vermont manage that little item.

I wonder if they would be able to under this section if they wanted to:

(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;

If the state passes a law saying all ISDs must pass some sort of referendum or whatever it is called that allows all people legally in the US who are not committing crimes to have concealed handguns in their school zones, and the ISDs did so, would that meet the legal requirements? Would the states be able to pass such a law without the ISDs voting and passing it individually?

[The Annoyed Man]

Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.

Good point. I wonder how Arizona, Alaska, and Vermont manage that little item.

Alaska and Arizona still issue permits for things like reciprocity, NICS exemption, and GFSZA carry.

But that still doesn't allow for "constitutional carry" within the 1,000 foot exclusion zone of a school. So how to they manage it? Charles' post above seems to suggest that they don't, and I'm inclined to agree. Not that I like it, but I believe that an unlicensed carrier of a firearm within that exclusion zone faces a federal liability if caught. One might argue that "concealed is concealed," but randomoutburst taught us how fragile that can be the other day when hubby's gun was dislodged from his holster and fell to the ground at the State Fair while giving a friend a piggy-back ride. What if the "friend" was your son or daughter whom you were picking up from school when that piggy-back ride was requested?

It's not that I don't like constitutional carry. It's that I see it as problematic in some ways until the federal issues are addressed.

[tacticool]

Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.

I'm in a car most of the time I pass through a school zone. That doesn't invalidate MPA.

[Hoi Polloi]

It is my understanding that, technically, MPA doesn't invalidate the Federal Gun-Free School Zone Act and neither does it meet the requirements to excuse it so the feds could arrest you for going through a school zone with a loaded gun under MPA.

[Keith B]

Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.

I'm in a car most of the time I pass through a school zone. That doesn't invalidate MPA.

Actually, yes it does. MPA does not override the GFSZA as a state law can't override federal law due to the Supremacy Clause in Article IV of the Constitution (and let's not get into the discussion of nullification. Not applicable here. )

NOTE: Hoi kinda beat me to the punch.

[cbr600]

deleted

[Liberty]

I think its worthy to note that not one single person has been tried or convicted under the Federal Gun free zone thing.. The law is though to be unconstitutional even before MacDonald. The feds don't seem to be anxious to get this one tossed out, as the previous version did.
If California has courage to challenge the the Commerce clause with legalizing pot, It seems as though we should be brave and not be so shy about protecting our RKBA.

[Hoi Polloi]

I think its worthy to note that not one single person has been tried or convicted under the Federal Gun free zone thing.

The all-knowing Wikipedia says that several have been tried under it and all have lost.

In a 2005 Appellate case, United States v Dorsey the minor changes of the revised law were specifically challenged. In the Dorsey case, the US Court of Appeals for the Ninth Circuit ruled that the minor changes were indeed sufficient to correct the issues that had caused the original 1990 law to be struck down in United States v Lopez, and they upheld Dorsey's conviction under the revised 1995 version of the law.

Other convictions upheld post-Lopez under the revised Gun Free School Zone Act of 1995 include:
United States v Danks (1999)
United States v Tait (2000)
United States v Smith (2005)
United States v Nieves-Castaño (2007)
United States v Weekes (2007)
United States v Benally (2007)
United States v Cruz-Rodriguez (2008)