CCW & School "Zones"

[Don H]

From what I understand is as long as you dont intend to stop at the school and are just passing by say on foot or in a car then you are fine.

If those exceptions aren't written into the law, then you're not "fine".

 

[Hkmp5sd]

That revised law has stood the test of the courts. There are example cases of this law being used successfully against folks carrying within 1000ft of a school.

I wonder how it is tested in Florida where state law specifically allows carrying a firearm on school property while inside a vehicle.

790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--

<snip>

(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:

<snip>

3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/ch0790.htm

 

[Al Norris]

However a revised version was enacted citing the interstate commerce clause as precedence. That revised law has stood the test of the courts.

That may be the case for a State law, analogous to the federal law, but I don't believe that to be the case, federally.

Just because Congress cites interstate commerce, does not necessarily make it so. In addition, the 1995 revision of the law requires prosecutors to prove a nexus to interstate commerce for any gun charges brought under the act.

 

[knight0334]

That may be the case for a State law, analogous to the federal law, but I don't believe that to be the case, federally.

Just because Congress cites interstate commerce, does not necessarily make it so. In addition, the 1995 revision of the law requires prosecutors to prove a nexus to interstate commerce for any gun charges brought under the act.

This one specifically upheld the revised law as constitutional.
http://altlaw.org/v1/cases/1136446

Other test cases.
http://www.altlaw.org/v1/cases/1130008
http://www.altlaw.org/v1/cases/173340
http://www.altlaw.org/v1/cases/100426
http://www.altlaw.org/v1/cases/1142798
http://www.altlaw.org/v1/cases/79680
http://www.altlaw.org/v1/cases/1668141
http://www.altlaw.org/v1/cases/134604
http://www.altlaw.org/v1/cases/177709

 

[brickeyee]

Virgina allows a CHP holder to drive into the school's parking lot with their gun concealed.

You may not exit the car, but you can drop of your child and then depart.

The only cases I have seen for violations have been students that brought t guns into the school, and those are normally local charges.

 

[KyJim]

I think that this statute should be tested when the right set of facts present themselves. Why should someone living in a state that has "shall issue" CCW licenses be exempt from federal prosecution because they pass a background check, but another respectable citizen unfortunate enough to live in a state with no such licensing runs the risk of federal prosecution when he or she drives within a thousand feet with a .22 rifle in a gun rack of their pickup?

Let me emphasize, though, that it needs to be done in the proper way with the proper facts like Heller and McDonald. The courts are less likely to restrict the law if it is tacked onto a drug dealing charge or something similar.

 

[imthegrumpyone]

Ya ! mind your "Ps" and "Qs" and don't cause a scene.

 

[jg0001]

Ya ! mind your "Ps" and "Qs" and don't cause a scene.

What if the police have it in for you? As an example, don't you think -- if they wanted to -- the police could follow a few of the open carry demonstrators as they disperse and snag as many as they like as they pass within 1000 feet of a school?

The concern is that this IS very likely a subjectively applied law and that it is all too easy to apply it (given the likelihood of passing within 1000 feet of a school on almost any trip), if the police-person / department in question wanted to apply it.

Imagine if the fine for speeding even 1 mph over the limit was $100,000. Sure, the police may still only care for those going significantly over the limit, but the cost of being caught in that trap even once is very high. The same applies here to GFSZs.