Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Site Notices
11/20/2019 5:07:11 PM
Posted: 5/20/2005 10:06:55 AM EST
I was told there are some laws about having guns within a certain distance of a school. I own a bunch of guns and was considering buying a house that adjoins the elementary school property. The actual school building is about 200 ft from the house I'm looking at. What are those laws and would they apply if I lived in the house next to a school?
Link Posted: 5/20/2005 10:14:39 AM EST
I think as long as you are not on school property you should be ok.
I wouldn't walk out in the front yard with my beer and AR though.
Link Posted: 5/20/2005 10:14:51 AM EST
I dunno the exact laws, all I know is that nothing good will become of it.
Link Posted: 5/20/2005 10:17:57 AM EST
[Last Edit: 5/20/2005 10:18:17 AM EST by NewbHunter]
My wife's uncle lives next to a school.

He told me that according to the local sherrif he is not allowed to ever take his guns out of their cases, even to clean them in his own home. He must have them in a safe at all times. If he takes his guns out of the safe they must be immediately cased and taken to a vehicle to be transported off his property.

Frickin' rediculous.

He also reloads, and I'm pretty sure that isn't legal. I don't know all the laws, but that right there sounds plenty screwey enough for me to NEVER want to buy a house next to a school.
Link Posted: 5/20/2005 10:21:01 AM EST
[Last Edit: 5/20/2005 10:21:54 AM EST by HeavyMetal]
Link Posted: 5/20/2005 10:23:48 AM EST
[Last Edit: 5/20/2005 10:26:08 AM EST by w4klr]

Originally Posted By NewbHunter:
My wife's uncle lives next to a school.

He told me that according to the local sherrif he is not allowed to ever take his guns out of their cases, even to clean them in his own home. He must have them in a safe at all times. If he takes his guns out of the safe they must be immediately cased and taken to a vehicle to be transported off his property.

Frickin' rediculous.

He also reloads, and I'm pretty sure that isn't legal. I don't know all the laws, but that right there sounds plenty screwey enough for me to NEVER want to buy a house next to a school.





Talk to a lawyer, LEOs are LAW ENFORCEMENT OFFICERS, not LAW PRACTICING OFFICERS, they don't interpret they enforce. Another full of shit shieldman... Legal advice from ANYONE is worth exactly what you pay for it.
Link Posted: 5/20/2005 10:24:53 AM EST
As long as you are not doing anything illegal, all is well. The law is written to allow private ownership on residencial or business property, lawful travel through a school zone.

I own NFA and can stand at my front door and look at the elementary school door on next street, looking between the houses. Local 07/02 was well within 600ft of school property, till he moved to larger facility.
Link Posted: 5/20/2005 10:30:06 AM EST

Originally Posted By HeavyMetal:
The federal gun free school zone act exempts residents. I think the Sheriff in the above post is making stuff up and telling it to your Uncle.



The Federal Gun Free School Zone Act was struck down by the SCOTUS in the case of United States v. Lopez in 1995.
Link Posted: 5/20/2005 10:32:34 AM EST
[Last Edit: 5/20/2005 10:36:44 AM EST by HeavyMetal]
Link Posted: 5/20/2005 10:33:33 AM EST
[Last Edit: 5/20/2005 10:35:57 AM EST by mobius]
also check your state and local laws as well
Link Posted: 5/20/2005 10:38:11 AM EST
Link Posted: 5/20/2005 10:49:07 AM EST
[Last Edit: 5/20/2005 10:59:38 AM EST by PAEBR332]

Originally Posted By HeavyMetal:

Originally Posted By PAEBR332:

Originally Posted By HeavyMetal:
The federal gun free school zone act exempts residents. I think the Sheriff in the above post is making stuff up and telling it to your Uncle.



The Federal Gun Free School Zone Act was struck down by the SCOTUS in the case of United States v. Lopez in 1995.



And it was re-enacted with "Interstate Commerce" language in 1996.



And the amendment was laughable. The same reasoning from Lopez would still attach to the amended law. The Court found that having a gun on school property had no interstate commerce nexus. Just changing the law to state that the guns traveled in interstate commerce does not get around this. Possession of a gun on school property has nothing to do with regulating "commerce with foreign nations, and among the several states." It exceeds the power of Congress, and would fall pray to the same reasoning as used in Lopez.

The key qoute from Lopez:

The Act exceeds Congress' Commerce Clause authority. First, although this Court has upheld a wide variety of congressional Acts regulating intrastate economic activity that substantially affected interstate commerce, the possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, have such a substantial effect on interstate commerce. Section 922(q) is a criminal statute that by its terms has nothing to do with "commerce" or any sort of economic enterprise, however broadly those terms are defined.


You will note the 1996 law has yet to be enforced. Not ONE time in nine years.
Link Posted: 5/20/2005 10:50:44 AM EST
[Last Edit: 5/20/2005 10:51:37 AM EST by TheLastBoyScout]
asked and answered.
Link Posted: 5/20/2005 10:54:05 AM EST

Originally Posted By w4klr:

Originally Posted By NewbHunter:
My wife's uncle lives next to a school.

He told me that according to the local sherrif he is not allowed to ever take his guns out of their cases, even to clean them in his own home. He must have them in a safe at all times. If he takes his guns out of the safe they must be immediately cased and taken to a vehicle to be transported off his property.

Frickin' rediculous.

He also reloads, and I'm pretty sure that isn't legal. I don't know all the laws, but that right there sounds plenty screwey enough for me to NEVER want to buy a house next to a school.





Talk to a lawyer, LEOs are LAW ENFORCEMENT OFFICERS, not LAW PRACTICING OFFICERS, they don't interpret they enforce. Another full of shit shieldman... Legal advice from ANYONE is worth exactly what you pay for it.



Yeah, I wondered about that. Just didn't seem right to me that the cop could tell him what he could do on his own property, but he swore that's what the cop told him.

I'll have to tell him that the cop was full of it.
Link Posted: 5/20/2005 11:16:09 AM EST
[Last Edit: 5/20/2005 11:17:43 AM EST by RKBAUseItorLoseIt]
Thank GOD!! I live in base housing (though its outside the gates), about 500 feet or so from a school. It never dawned on me for a long time, for a while I didn't even know that the school was there. I realized about a month ago that I was within the 1000 feet, and have been pretty pissed ever since then that technically I am not even suppossed to have firearms in my home. Of course, I did nothing about it, as it is bullshit as far as I am concerned, but I never asked anybody about it because I was scared that maybe it was a felony. haha. Good to know that it doesn't apply to residents. I've been meaning to research it but have been REAL busy these last few weeks.


Its good that they exempted residents, because that would have been complete and utter bullshit. Otherwise, would that mean that every firearm owner who lived within 1000 feet of a school when the law was passed was supposed to either sell their firearms or move? I mean c'mon. I was all heated about that, I wouldn't put it past the gun-grabbers to do something this asinine.
Link Posted: 5/20/2005 11:40:00 AM EST
Thanks for the info guys. By reading the law, it appears I may be in violation if I had a gun on my back porch or in my yard, whether it was concealed or not. Am I reading it right that I am only within the legal bounds as long as the guns are in my house or my car?
Link Posted: 5/20/2005 11:44:40 AM EST
[Last Edit: 5/20/2005 11:48:16 AM EST by HeavyMetal]
Link Posted: 5/20/2005 11:47:18 AM EST

Originally Posted By HeavyMetal:

Originally Posted By TacticalStrat:
Thanks for the info guys. By reading the law, it appears I may be in violation if I had a gun on my back porch or in my yard, whether it was concealed or not. Am I reading it right that I am only within the legal bounds as long as the guns are in my house or my car?




Subparagraph (A) does not apply to the possession of a firearm on private property not part of school grounds


You need to read it again, you can have it on private property not part of school grounds


(3)(A) Except as provided in subparagraph (B), it shall be unlawful
for any person, knowingly or with reckless disregard for the safety of
another, to discharge or attempt to discharge a firearm that has moved
in or that otherwise affects interstate or foreign commerce at a place
that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm--
(i) on private property not part of school grounds;





Thanks. I missed that.
Link Posted: 5/20/2005 11:50:09 AM EST
I am clueless to what "interstate or foreign commerce" means as it relates to guns. I see this mentioned also with NFA weapon violations. What does this mean?
Link Posted: 5/20/2005 11:55:24 AM EST
Link Posted: 5/20/2005 11:58:26 AM EST

Originally Posted By HeavyMetal:
The congress uses interstate commerce as a means of tying the law to the interstate commeerce clause of the US Constution so it can claim jurisdiction and therefore authority to issue the law in question.

However, they are far abusing this clause way beyond the intent of the founding fathers.




So does it mean they are trying to claim that you are depriving commerce of money by violating firearms laws? Please dumb it down for me.
Link Posted: 5/20/2005 12:00:50 PM EST
Link Posted: 5/20/2005 12:08:02 PM EST
It ain't the gun laws you need to worry about living so close to a school...

<­BR>


It's the child sex offender registration law!!!

BWWAHAHHAHAAA!!
Link Posted: 5/20/2005 12:37:04 PM EST

Originally Posted By npd233:
It ain't the gun laws you need to worry about living so close to a school...

<­BR>


It's the child sex offender registration law!!!

BWWAHAHHAHAAA!!




That's not an issue for me personally. Maybe it is for you.
Link Posted: 5/22/2005 5:53:56 PM EST
In regards to my first post above, here is pics taken while standing on my front porch, back to my front door.... The set of windows through the trees is the school on the next street.



Zoomed in a little more -

Link Posted: 5/23/2005 3:02:15 PM EST
Doesn't matter where the school is, or how many. I live in overlapping school zones. I can have firearms anywhere on my property, in or out of the safe, and even use them for self defense if needed. I can transport them in a legal manner.

If a school bus passes down your street, some will say it carries the schools 1000' boundary with it.

So f-----g what? It still does not affect the legal gun owner.

If you were to run down the street having a shootout with another drug dealer over your "turf" there would be additional penalties attached. If you shoot up a school, it is a bad thing.

But this law really does not affect you in your home, on your property, or in your car.
Link Posted: 5/23/2005 4:31:23 PM EST
Ha ha Badgeman! I have a CCW and drive right past a school!
Top Top