Posted: 1/2/2026 1:47:09 AM EDT
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Lately a problem has been on my mind about how the GFSZA and States make unwitting felons every day. There's an exemption for the GFSZA if you have a permit in the State with the school. Except that leaves out anyone without a permit either due to constitutional carry and/or out of state visitor with reciprocal permit. The rub is the 1000 foot buffer around schools, that's like three city blocks. And many schools are close enough where the buffers overlap with public roads within them. Worse, many schools aren't obviously marked well and they can be a couple blocks away. Nebraska for instance doesnt give out of Staters a way to get a permit so anyone visiting is committing felonies all day driving through towns even though theyre otherwise legal. To make things harder Nebraska is a Duty to Inform State so you have to declare a firearm to LEO or emergency personnel on an interaction. So if you get pulled over or have to defend yourself and a school is two blocks away you have to tell the officer youre carrying and with no permit you can be turned over to the Feds. What is the way out of this trap? How has there been no successful challenge? When visiting another state I cant carry due to this else im a felon. |
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And the Feds will merely laugh their asses off with such a call from the locals. They have no interest in prosecuting such trivial "crimes". As a retired municipal officer, I can tell you that none of us are interested in hassling people over this, except perhaps if a state has a parallel law. |
NRA Firearms Instructor
Moved to NH!
Moved to NH!
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While I appreciate that many if not most cops couldn't give a rat's behind about this law the fact is it can be used to jam up someone. All it takes is one having a bad day or doesnt like the look of you and off in cuffs you go. Especially if you defended yourself and it ends up becoming political. The only case law in recent times has been United States v. Allam (2025) in which the 5th circuit found as applied the 1000 foot rule held. Granted the defendant acted in a way that was suspicious but with nothing else on him they still charged him under the GFSZA, and he was convicted. I get that if youre not acting weird or doing other crimes you probably won't get charged but it leaves open that window of if they got nothing else they can and have used it to prosecute. This is more poignant in large cities where the RTKBA is treated at best suspiciously, at worst with hostility. I doubt it will be a concern in North Platte, but Omaha and Lincoln (or other States' major cities) it can be used as a harassment tool (process is the punishment). |
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I lived in MA for >40 yrs. MA is extremely hostile and the 2nd-A is not honored in MA, period. The city of Boston has >100 schools, even downtown Boston and you can't avoid the 1000' distance in many places (and many of the schools are on side streets, no signage). State and local police can not legally enforce Fed laws, period. It is outside our wheelhouse. They would have to call a Fed LEO to arrest you and they won't get them to respond to merely being caught in possession within 1000' of a school. Hell, I tried to get the FBI to pick up a fleeing felon who had numerous grand larceny warrants out for her arrest from MA, FL, CT, etc. and even with her address in OKC and phone number they weren't the least bit interested in pursuing her. She was never arrested and prosecuted for her crimes. In MA, if anyone uses a gun for self-defense, there is a >90% chance that cuffs go on, charges get filed and the courts sort it out 1-2 years later. That's just the way it is. In spite of all that, the gun free school zone of 1000' is not enforced in MA, period. |
NRA Firearms Instructor
Moved to NH!
Moved to NH!
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Originally Posted By codifier: What is the way out of this trap? Congress changing or eliminating the law. Court decision. How has there been no successful challenge? Yes and Congress went back and tweaked it. |
Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA
https://www.youtube.com/watch?v=pELwCqz2JfE
https://www.youtube.com/watch?v=pELwCqz2JfE
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Originally Posted By LenS: And the Feds will merely laugh their asses off with such a call from the locals. They have no interest in prosecuting such trivial "crimes". As a retired municipal officer, I can tell you that none of us are interested in hassling people over this, except perhaps if a state has a parallel law. Feds didn't laugh at Billings PD |
Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA
https://www.youtube.com/watch?v=pELwCqz2JfE
https://www.youtube.com/watch?v=pELwCqz2JfE