Gun Laws Living Next To a School

[ARCHIVED THREAD] - Gun Laws Living Next To a School

Posted: 5/20/2005 11:06:55 AM EDT

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?

Posted: 5/20/2005 11:14:39 AM EDT

[#1]

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.

Posted: 5/20/2005 11:14:51 AM EDT

[#2]

I dunno the exact laws, all I know is that nothing good will become of it.

Posted: 5/20/2005 11:17:57 AM EDT

[#3]

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.

Posted: 5/20/2005 11:21:01 AM EDT

[#4]

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.

Posted: 5/20/2005 11:23:48 AM EDT

[#5]

Quoted:
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.

Posted: 5/20/2005 11:24:53 AM EDT

[#6]

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.

Posted: 5/20/2005 11:30:06 AM EDT

[#7]

Quoted:
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.

Posted: 5/20/2005 11:32:34 AM EDT

[#8]

Quoted:
Quoted:
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.

www.hoboes.com/pub/Firearms/Government/Congress/Gun-Free%20School%20Zones/New%20Gun-Free%20School%20Zone

Sec 657: GUN FREE SCHOOL ZONES

SEC 657. Section 922(a) of title 18, United States code, is
amended to read as follows:
(a)(1) The Congress finds and declares that--
(A) crime, particularly crime involving drugs and guns, is a
pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate
movement of drugs, guns and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and
have been found in increasing numbers in and around schools as
documented in numerous hearings in both the Committee on the
Judiciary, the House of Representatives and in the Committee on the
Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which they are
made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary
citizens and foreign visitors may fear to travel to or through certain
parts of the country due to concern about violent crime and gun
violence, and parents may decline to send their children to school for
the same reason;
(F) the occurrence of violent crime in school zones has resulted in
a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact
on interstate commerce and the foreign commerce of the United States;
(H) States, localities and school systems find it almost impossible
to handle gun-related crime by themselves--even States, localities and
school systems that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavailing due in part to
the failure or inability of other States or localities to take strong
measures; and
(I) the Congress has the power, under the interstate commerce clause
and other provisions of the Constitution, to enact measures to ensure
the integrity and safety of the Nations schools by enactment of this
subsection.
(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) 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 obtains such a
license, the law enforcement authorities of the State or political
subdivision verify that the individual is qualified under law to
receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a
motor vehicle;
(iv) by an individual for use in a program approved by a school in
the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or the employer
of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to public
or private lands open to hunting, if the entry on school premises is
authorized by school authorities.
(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;
(ii) as part of a program approved by a school in the school zone,
by an individual who is participating in this program;
(iii) by an individual in accordance with a contract entered into
between a school in a school zone and the individual or an employer of
the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.
(4) Nothing in this subsection shall be construed as preempting or
preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.

Posted: 5/20/2005 11:33:33 AM EDT

[#9]

also check your state and local laws as well

Posted: 5/20/2005 11:38:11 AM EDT

[#10]

See subparagraph (A) Section i and ii.

Posted: 5/20/2005 11:49:07 AM EDT

[#11]

Quoted:
Quoted:
Quoted:
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.

Posted: 5/20/2005 11:50:44 AM EDT

[#12]

asked and answered.

Posted: 5/20/2005 11:54:05 AM EDT

[#13]

Quoted:
Quoted:
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.

Posted: 5/20/2005 12:16:09 PM EDT

[#14]

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.

Posted: 5/20/2005 12:40:00 PM EDT

[#15]

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?

Posted: 5/20/2005 12:44:40 PM EDT

[#16]

Quoted:
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;

You can even shoot it on private property if local zoning ordinances do not prohibit it.

Private property means the whole lot of land, not just inside the residence.

Posted: 5/20/2005 12:47:18 PM EDT

[#17]

Quoted:
Quoted:
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.

Posted: 5/20/2005 12:50:09 PM EDT

[#18]

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?

Posted: 5/20/2005 12:55:24 PM EDT

[#19]

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.

Posted: 5/20/2005 12:58:26 PM EDT

[#20]

Quoted:
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.

Posted: 5/20/2005 1:00:50 PM EDT

[#21]

They are claiming that they are regulating interstate commerce as they are authorized by the Interstate Commerce Clause of the US Constution.

Read This:

www.townhall.com/columnists/walterwilliams/ww20031105.shtml

Posted: 5/20/2005 1:08:02 PM EDT

[#22]

It ain't the gun laws you need to worry about living so close to a school...
It's the child sex offender registration law!!!

BWWAHAHHAHAAA!!

Posted: 5/20/2005 1:37:04 PM EDT

[#23]

Quoted:
It ain't the gun laws you need to worry about living so close to a school...
It's the child sex offender registration law!!!

BWWAHAHHAHAAA!!

That's not an issue for me personally. Maybe it is for you.

Posted: 5/22/2005 6:53:56 PM EDT

[#24]

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 -

Posted: 5/23/2005 4:02:15 PM EDT

[#25]

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.

Posted: 5/23/2005 5:31:23 PM EDT

[#26]

Ha ha Badgeman! I have a CCW and drive right past a school!

[ARCHIVED THREAD] - Gun Laws Living Next To a School

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