1000 Feet School Zone

Read the whole Wiki article. The listed exceptions in 18 U.S.C. 922(q)(2)(B) should answer your buddy's questions, specifically subsections (i) and (iii).
 
Hmmm ...

Pursuant to 18 U.S.C. § 922(q)(2)(B):

[18 U.S.C. § 922(q)(2)(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;
Okay, does not apply on private property. Good.

Does not apply if the individual is licensed (by the state in which the school is located). That's easy enough for handguns (except in a few states, such as New Jersey, Massachusetts, Maryland, Hawaii, and parts of New York and California. What about rifles and shotguns? The law says "the individual possessing the firearm is licensed to do so. Does any state issue licenses to possess rifles and/or shotguns? Mine doesn't.
 
The rifles are covered while on your property.

I kind of assume you are asking about leaving your property to go to a range, etc ?

That's covered under U. S. C. DGC (Don't Get Caught)

Remember: 18 U.S.C. § 922(q)(2)(B): wasn't written by normal citizens. This law is probably broken quite often by people with no license transporting to the range, or people with a license transporting long guns.

My "Don't Get Caught" quip wasn't intended to be funny, it's kind of the way things are.

On the bright side, only the Feds would be worried about someone driving by two blocks from a school on their way to the range.
 
Try in Florida where it's legal to have a loaded handgun securely encased in your car without a license but there are so many school zones you break federal law every time you do. I was told by my local gun rights group that they're unaware of anyone in the state that was prosecuted for that when it wasn't part of a separate crime like assault or drug dealing, but I can't advocate anything based on that information
 
jnichols2 said:
The rifles are covered while on your property.

I kind of assume you are asking about leaving your property to go to a range, etc ?

That's covered under U. S. C. DGC (Don't Get Caught)
Actually, the unlicensed transport of long guns is covered in subsection (iii).

If you don't trust Wikipedia, go here: http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap44-sec922.pdf
18 U.S.C. § 922(q)(2)(B) said:
Subparagraph (A) does not apply to the possession of a firearm—

[(i) and (ii) omitted]

(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

[(iv) thru (vii) omitted]
(emphasis mine)
 
Last edited:
2nd sojourn said:
AB, then an exemption for long guns wouldn't apply, correct?
Sure an exemption for long guns would apply ... if there were an exemption for long guns. Other than the non-specific exemption for possession on private property, I didn't see an exemption for long guns. Did I miss something?

My point had more to do with the licensing language in the exemptions. It specifically says you are exempted if you are licensed to possess the firearm. I've never heard of a license to possess a rifle or a shotgun (except in those states that require an FOID, and I don't know if that counts as a "license"). A hunting license isn't a license to possess a firearm, it's a license to hunt.

So, other than the separate provision covering unloaded and cased transport, it appears to me that even if you have a concealed carry permit/license, you can't walk off private property within a GFSZ if you are carrying an uncased and/or loaded long gun.

Disclaimer: IANAL
 
Last edited:
Originally Posted by carguychris
Actually, the unlicensed transport of long guns is covered in subsection (iii).

If you don't trust Wikipedia, go here: http://www.gpo.gov/fdsys/pkg/USCODE-...p44-sec922.pdf

Quote:
Originally Posted by 18 U.S.C. § 922(q)(2)(B)
Subparagraph (A) does not apply to the possession of a firearm—

[(i) and (ii) omitted]

(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

[(iv) thru (vii) omitted]

(emphasis mine)

You are correct, but how many people secure their rifle in a locked container if their state doesn't require it?

I've not yet seen a locked rifle bag at any range.

Of course, in Texas, you can have a rifle in your car loaded and out in the open.

As Dakota.potts says, nobody ever gets charged unless they did something else. But, the law still makes that possible.
 
From AB:
"... it appears to me that even if you have a concealed carry permit/license, you can't walk off private property within a GFSZ if you are carrying an uncased and/or loaded long gun."

That's the way I read it too. (Previously I thought you questioned it.)
 
Back
Top