NYS Clarification Permit & carry allowed

S

shield20

New member
OK - so after worrying about gun free school zones, my CCP, etc., I did some more research. Can anyone confirm or deny the following? Or CLARIFY!??


My un-restricted permit allows for carrying concealed anywhere in the state other then NYC. (S400)

The federal Gun Free Zone law has an exemption for carrying a weapon within the Gun Free zone of 1000ft of a school by people licensed by the state to do so (i.e. Me) : (18 USC § 922 Q 2B(ii))

S265 states it is illegal if : 3) He knowingly has in his possession a rifle, shotgun or firearm in or upon a building or grounds, used for educational purposes, of any school, college or university, except the forestry lands, wherever located, owned and maintained by the State University of New York college of environmental science and forestry, without the written authorization of such educational institution; or


[Note: Got through to packing.org]

SO...I can carry/possess near a school BUT NOT on school grounds.

Firearms (other than carried by peace officers and federal officers) are NOT permitted in courthouses under the rules of the NYS Office of Court Administration, which have the force and effect of law.

Federal law bans firearms in federal courthouses and US attorney offices.
 
That is the current law on NYS. Until the Gun Free Zone laws change, that is what stands. You cannot be within 1000' of school property when armed. Personally I think it is a stupid law, so hopefully this will change soon. It is obvious the Gun Free Zone Law does not work.
 
One could always subscribe to the theory of "Concealed means Concealed." If you are in NY it is already in your best interest to practice deep concealment such as Tuckables, SmartCarry and the like given the ignroance of the populance and wildly and completely discretionary varying interpretations of the Permit System from county to county.

I don't advise anyone to break a law, but one can freely choose to obey or ignore a bad law as long as they are willing to be responsible for their actions. Obey the law about schoold zones and you are responsible for being unarmed if a tragedy should occur. You made the decision and it is your responsiblity. The Law Makers in Albany may tell you what to do but it is your choice whether to obey or not. At the saem time if you ignore the law and are caught you should be equally ready to accept the consequences. It is all your choice.
 
1000 ' law . Our school is well within the 1000' from the main road. Does that mean if I'm driving by the school while armed I'm breaking the law ??? I've never looked into it and ignore it .
 
As I read it - we are immune from the Federal Gun Free Zone because we are "licensed by the state"; HOWEVER, the State (NY) (as in s265 above) says we can not carry on school grounds.

The street, surrounding properties etc. should be fine.


fROM 922:
(2)(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) shall 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 obtain s such a license,the law...


Understood Musketeer - something about breaking laws, no matter how silly, that would also cause me to lose the 'privilege' of carrying has kept me from doing so in the past (for the most part). What sucks is I have to get my kids to/from a local high school almost everyday as well as attend events there, and despite all the all useless laws that supposedly makes it safe, it is one place I would definitely carry if I could.
 
I don't get that from the code - read the part bolded above - (A) about the school zone, then exemptions (B) part i (vs private property) and ii (vs state licensed possession) and let me know why we aren't immune.

Also, NY has no school ZONE laws (that I can find), just school grounds/buildings.
 
Understood Musketeer - something about breaking laws, no matter how silly, that would also cause me to lose the 'privilege' of carrying has kept me from doing so in the past (for the most part). What sucks is I have to get my kids to/from a local high school almost everyday as well as attend events there, and despite all the all useless laws that supposedly makes it safe, it is one place I would definitely carry if I could.
Click to expand...

Yep, it is a tough decision and I would not press anyone to state openly their position on either side of it, myself included.

I have considerred exactly HOW it could be found out if I did choose to break the law, although I do not advocate it. I figure, theoretically, as long as one practices deep concealment then the opportunities by which the weapon could be revealed would be down to

1. Personal medical emergency requiring an ambulance.
2. SHTF scenario where there is no retreat possible that will allow for my child and I to safely escape.

If I were to go down from a heart attack or stroke there is a 50% or greater chance I won't get up anyway. The other possiblity speaks for itself.

Look at it this way, if Congress stated that all gun owners would be required to have a microchip implanted to track their location would you comply?

What if a law was passed demanding relocation of your racial group?

It is not a question of obeying all laws as some are inherintly wrong, and I am not aginst making that moral statement! I think history is on my side there as are the ghosts of Rosa Parks, Ghandi, and all the Founding Fathers. The question is when does the law become so wrong as to warrant peaceful non-compliance? Do not fear violating the immoral law out of personal morality. Plenty of evil has been done with the full consent of the law (Japanese Internmint in WWII and the Holocaust were both "lawfull" actions by their governments.) Base your actions on your personal morality and a balancing of the risks/rewards of violating the immoral law. Just don't complain about the outcome if you loose playing by the house rules.
 
School Zones

You can carry up to the school property line if you have a permit issued by the state you are in. The 1000 foot rule does not apply to those who have a permit/license to carry. The BATF put out a very nice letter about it that says a lot of other junk also.

To read this letter go to Handgunlaw.us and click on "All US CCW Links" in the left column and when the page opens look under the "United States" for "BATF on Gun Free School Zones" and you can read the letter the BATF put out on the School Zones. Hope this Helps
 
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