Posted: 7/24/2006 7:10:12 PM EDT
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I'm 99.9% sure it is illegal have a firearm on school grounds. (high school / grade school, etc) But I'm not sure where to find the law that makes it illegal. My state law is worded in a way that it appears to be legal. So I assume it must be a federal law. |
You should be fine if it is left in the trunk or glove box locked up. You can have it in the car in the parking lot just cannot carry into the school. Good luck concealing an AR anyway
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That site is so full of errors it isnt funny. It says "It is unlawful if a person goes armed with a handgun or any loaded firearm of any kind within the limits of any city, whether concealed or not." And it does not list any exemptions for CCW permit holders. EDIT: my mistake. It does list an exemption for CCW holders... |
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Iowa Code 724.4B says: 1. A person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class "D" felony. For the purposes of this section, "school" means a public or nonpublic school as defined in section 280.2. 2. Subsection 1 does not apply to the following: a. A person listed under section 724.4, subsection 4, paragraphs "b" through "f" or "j". ----------------------------------------------------------- Iowa Code 724.4 subsection 4, paragraph "e" and "f" says: e. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person. f. A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier. --------------------------------------------------------- So it sounds to me like the Iowa law says that as long as you are not carrying a loaded and/or concelaed firearm, it is legal. |
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Well..... how about a quote from the actual Iowaaaaayyyyy state law? "724.4B Carrying weapons on school grounds -- penalty -- exceptions. 1. A person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class "D" felony. For the purposes of this section, "school" means a public or nonpublic school as defined in section 280.2. 2. Subsection 1 does not apply to the following: a. A person listed under section 724.4, subsection 4, paragraphs "b" through "f" or "j". b. A person who has been specifically authorized by the school to go armed, carry, or transport a firearm on the school grounds, including for purposes of conducting an instructional program regarding firearms. Section History: Recent form 95 Acts, ch 191, §53 " "280.2 Definitions. The term "public school" means any school directly supported in whole or in part by taxation. The term "nonpublic school" means any other school which is accredited or which uses licensed practitioners as instructors. Section History: Early form [C24, 27, 31, 35, 39, § 4251; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 280.2] Section History: Recent form 91 Acts, ch 200, §1 " I feel silly posting this knowing that you have encountered this in your Google search. |
The question comes from the fact that there is a grade school within sight of our house. My wife jogs in the morning, during the summer, when no students are present. If she takes the sidewalk that parallels the highway past the school, that might be considered school grounds. Reading the law, it would be ILLEGAL for her to carry a concealed firearm on that path. Unless the sidewalk is considered city property and not school property. (fuzzy area) But the other concern is, as was already mentioned, what if I drove to where she teaches, and had a gun in the trunk of the car. It appears that is legal. Unless it is a violation of federal law. I don't want to test the laws. I just want to know what they are. |
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In Wa. state you can carry if dropping off or picking up student, or are exempt because LEO etc... 9.41.280 Possessing dangerous weapons on school facilities — Penalty — Exceptions. (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools: (a) Any firearm; (b) Any other dangerous weapon as defined in RCW 9.41.250; (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas. (2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license. Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation. Upon the arrest of a person at least twelve years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the *county-designated mental health professional unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail. Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the *county-designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW and inform a parent or guardian of the person of the arrest, detention, and examination. The *county-designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate. The *county-designated mental health professional may determine whether to refer the person to the county-designated chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 70.96A RCW. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation, bond, or bail, the examination shall occur wherever is appropriate. Upon completion of any examination by the *county-designated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider those results in making any determination about the person. The *county-designated mental health professional and county-designated chemical dependency specialist shall, to the extent permitted by law, notify a parent or guardian of the person that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined. If the *county-designated mental health professional determines it is appropriate, the *county-designated mental health professional may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual. (3) Subsection (1) of this section does not apply to: (a) Any student or employee of a private military academy when on the property of the academy; (b) Any person engaged in military, law enforcement, or school district security activities; (c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed; (d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district; (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student; (f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school; (g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or (h) Any law enforcement officer of the federal, state, or local government agency. (4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises. (5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building. (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds. |
In all 50 states, it is illegal for any civilian to posses, transport or otherwise bring a firearm within 1000 meters of any public school, even just just to tranport it to another location. Period. You can have them in your home within the 1000 meters, but no exception is made allowing you to transport to or from your home. This became law during The Clinton years. Though seldom or never enforced, it is the law. There is a group trying to get this thrown out, saw it on fox recently. I live about 200 meters from a school, which means I break the law everytime I come or go with a gun. |
Within the last week? Because Fox had a piece on it last week showing a map of a major city, with the number of no-go zones creating an absolute ban on gun transport. |
That was the first "gun free school zones act" they passed another one, almost exact same wording a year after the supreme court decision. |
Thanks, I think.....I'm still living in a "gun free" zone.....that is very far from being gun free. |
Well, you're not committing a felony... unless you walk out to your car with it. I think the law will be overturned if anyone is ever arrested under it. I mean, seriously. The supreme court already ruled on it and then the congress turned right around and passed it again.
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As far as FLORIDA law goes you are fine. You can have a firearm in your vehicle even on campus, unless you sigened an agreement stating otherwise for "Parking Privelages", but thats for students |
Since when was it struck down ? AFAIK, if you are caught with a gun anywhere near a school, you're going to prison. |
It was not. |
It is beyond congress's authority to make. United States v. Lopez en.wikipedia.org/wiki/United_States_v._Lopez STRUCK DOWN IN 1995! |
www.law.cornell.edu/supct/html/93-1260.ZS.html Held: 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. |
Not the same law. |
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This was discussed a few months ago - archive.ar15.com/forums/topic.html?b=1&f=5&t=464988 The folks who mentioned seeing this topic on Fox News were referring to an appearance by Alan Korwin. He covers this on his web site: "The Gun-Free School Zones law was struck down in 1995 by the U.S. Supreme Court, in the now-famous Lopez case, referred to today by Sen. Feinstein, a staunch anti-gun-rights advocate. For the first time in decades the Court ruled that Congress had overstepped its powers to regulate states under the Commerce Clause. There were more than 121,000 local schools at the time. Congress responded by swiftly reenacting the entire law, under President Clinton in 1996, with a few small changes it believed bypassed the Court's concerns. No new case has been brought to test the new version, so it stands." www.gunlaws.com/Gun_Free_School_Zones_Nx1.htm |
That is the Gun Free School Zone Act. It was repassed but eh... It'll be struck down again if there is another case. ETA: I should add this is my flippant opinion and not to be taken as advice before doing something stupid. |
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Hmm, I have several friends who keep firearms in their dorm rooms, and I have driven around campus several times with guns in my car when I was picking up friends to go to the shooting range. Probably should be a little more careful in the future. What a stupid fucking law. |
I wouldn't be so sure about that. I recall a case a while back (don't remember where) in which a kid had been hunting over the weekend. Somebody saw a hunting knife in his car and he was arrested. Not sure what happened in the end. After all of the school shootings around the country common sense does not often prevail. |
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State laws often parrot this federal law. Take the time to actually read it before running aroung like chicken little.... It is LEGAL on YOUR OWN property. It is LEGAL in a LOCKED container in your vehicle. Take a pill and relax...... www.gunlaws.com/Gun_Free_School_Zones_Act.pdf |
College campuses have even more restrictive rules. You can expect to be in quite a bit of trouble if anyone finds out you have anything remotely close to a weapon. Shit, I had a friend get in trouble for having a baseball bat in his dorm room. His bat was confiscated by the campus police and he never got it back. |
