Pistol Carry Around Schools

S

slattont

Inactive
Is the federal law still in effect that provides a safety zone around schools? Live in a "shall issue" state, and thought I heard that this law had been struck down?
 
I don't know, but I assume your state prohibits carry of any kind on school property (unless you have explicit permission from the local, state or fed gubmint, in addition to your permit and the 2nd Amendment), which would include a "zone" of property around the school building(s). This would include the parking lots, sports practice fields, etc. I think the fed law was just a "feel good" to appease the sheep.
 
My wife is a teacher in KY. She has been forbidden by the local schoolboard to carry her ccw onto the school parking lot in her vehicle even though according to the way the law is written it is legal for any adult to do so as long as the weapon is not brandished or removed from said vehicle. After having contacted a local representative concerning the problem, the Ky Attorney General has been asked to render a decision on the matter. The local school board says their restrictions supercede any law giving the right to carry onto the property.
 
The TN attorney General has rendered an opinion that a Carry Permit is valid while dropping off or picking up some one from school.

But still wondering about the federal issues.
 
The Code of Alabama says:

Section 13A-11-72

Certain persons forbidden to possess pistol.

(a) No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence shall own a pistol or have one in his or her possession or under his or her control.

(b) No person who is a drug addict or an habitual drunkard shall own a pistol or have one in his or her possession or under his or her control.

(c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.

(d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.

(e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.

(f) The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12.

(g) The term "deadly weapon" as used in this section means a firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury, and such term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device; a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any club, baton, billy, black-jack, bludgeon, or metal knuckles.

(Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §174; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-152; Acts 1994, 1st Ex. Sess., No. 94-817, §1.)
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My question:

Does this say if you are not carrying "with intent to do bodily harm" that it's ok (provided you have the license)?

(not that I have children or ever go near a k-12 school anyhow, but I was wondering about this when I read the code)

Obviously, if you don't have a license, there's a presumption of intent!

Section 13A-11-71

Committing crime when armed; evidence of intent.

If any person shall commit or attempt to commit a crime of violence when armed with a pistol, he may, in addition to the punishment provided for the crime, be punished also as provided by this division. In the trial of a person for committing or attempting to commit a crime of violence, the fact that he was armed with a pistol and had no license to carry the same shall be prima facie evidence of his intention to commit said crime of violence.
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Oh, and tell the majorettes not to bring their batons to school. :)
 
The original GFSZ law was struck down by the US Supreme Court in US v Lopez (1995). They said just saying that school violence affected interstate commerce was weak and it stretched the use of the commerce clause way too far. Congress simply passed the law again, with Clinton's signature. The second version said that school violence really, really, really affected interstate commerce. There have been no challenges to the new law and very few prosecutions.

My recollection is that within the GFSZ is a clause that exempts CCW permitees. Check with Alan Korwin's "Gun Laws of America" book at http://www.gunlaws.com

In Arizona, by the by, it is legal to have a gun on school property as long as it is kept in a locked vehicle, unchambered and out of sight.

Universities, on the other hand, have a blanket ban on weapons due to a state law which says that the Board of Reagents must have a weapons policy but doesn't say what that policy should be. Being leftist places of "higher" learning, you can guess what that policy is.

Rick
 
A carry permit is an exemption to that law, assuming it was issued by the state you live in. If you are one of those people that got, say, a Florida permit to carry more places and you use the reciprocity to carry in your own state, technically you would violate the GFSZA being in a school zone. Other than that it varies by state whether you can carry on or near a school and what actually defines the premesis. In TX you can go in the parking lot but not any buildings.

IIRC Congress tried to get around the interstate commerce thing the second time by saying that any gun that has travelled in interstate commerce affects interstate commerce and this applies to virtually all guns.
 
Virginia just changed the law to make concelead carry in a vehicle for pick up/drop off legal.
Probably sent Arlington county off the deep end.
 
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