Traps set for out of State Gun Owners

[tommyg]

School zones are a real problem. If you have an out of state CHl it is a federal crime
to carry even in your car within 1000 feet of a school public or private. The CHL
must be issued from the state that the school is in to get exempt from the 1000 feet rule

The motorist protection act does not exempt you from this law either

EXAMPLE I have Florida license to carry I'm driving past a school in Texas= federal crime felony

Texas CHl in Texas is ok

Texas Chl in Florida school zone is a felony

I don't know where all of the schools are in Austin (I'm an Austin Resident)

If you are in another state it is difficult to avoid school zones in cities a school can
be a couple of blocks away and you committ a felony. Just driving down a street
with no knowledge of the school's proximity.

My home is a block away from a parochial school I could not take a gun out
of my home and into a car without a chl issued in Texas

This law does nothing to protect school kids and sets a trap for the law abiding

[cheezit]

travle from your home to your car is not a crime even if the school is next door. its your land in your control.
every state i have been in that i have seen a school has a school zone sign near by.

[hpcatx]

travle from your home to your car is not a crime even if the school is next door. its your land in your control.
every state i have been in that i have seen a school has a school zone sign near by.

^This, but the OP is correct about the MPA not protecting you against Federal gun charges. While it's not a line of defense, I've been told that Federal GFZ charges are usually only added on top of another crime, not during a traffic citation. Still, the best measure is just to get a Texas CHL in Texas.

[tommyg]

The law is already in place do you trust the current administration to be fair about it ???
I have been hearing a lot of talk about toughening gun free school zones after the sandy hook incident.
This will make for an ex order to vigerously enforce this law.
Like maybe gun check points in school zones set at random similar to Drunkin driver check point on new years

[Charles L. Cotton]

The law is already in place do you trust the current administration to be fair about it ???
I have been hearing a lot of talk about toughening gun free school zones after the sandy hook incident.
This will make for an ex order to vigerously enforce this law.
Like maybe gun check points in school zones set at random similar to Drunkin driver check point on new years

Can you show us one single prosecution of someone carrying pursuant to a reciprocity agreement? There's plenty to worry about and to fight against, so we need to focus on what's real. Yes, theoretically, you must have a license issued by the state in which the school sits, but I know of no arrests, much less convictions. There's a good argument that a reciprocity agreement constitutes "issuance" for purposes of this law since it is clearly a ratification.

Chas.

[John75]

I didn't know that. I'm in the same boat currently with just out of state CCW licenses. I'm working on the Texas CHL but just moved here so it'll take some time. If the gun is in your vehicle(center console, etc.) but not on your person then driving past a school should be okay. That means removing it each time you enter the vehicle though. But like the above post says, probably not worth worrying about.

[PBR]

hold on so you guys are saying if i leave the state (current chl holder) to another state that accepts tx chl and end up driving through a school zone, not entering the property just driving through or by the school i can / could get arrested for it? -- sorry but thats totally crazy to me

[sjfcontrol]

I didn't know that. I'm in the same boat currently with just out of state CCW licenses. I'm working on the Texas CHL but just moved here so it'll take some time. If the gun is in your vehicle(center console, etc.) but not on your person then driving past a school should be okay. That means removing it each time you enter the vehicle though. But like the above post says, probably not worth worrying about.

What makes you say that? As I recall, the only exception is if the gun is unloaded, and in a separate locked container (not the glove box), separate from the ammunition.

[John75]

What makes you say that? As I recall, the only exception is if the gun is unloaded, and in a separate locked container (not the glove box), separate from the ammunition.

I think you're right. One would need a CHL from the same state as the school zone. I would hope that most officers would use discretion and not enforce this if you're simply driving on a road.

[stroo]

Charles,

I appreciate your view that we should concentrate on what's "real". The problem I have is that with Obama anything is possible and therefore "real". Difficult times.

[3dfxMM]

travle from your home to your car is not a crime even if the school is next door. its your land in your control.
every state i have been in that i have seen a school has a school zone sign near by.

The GFZ extends well beyond where school zone signs are typically placed. They certainly don't place them a few streets away from the school. The GFZ extends 1000' in every direction from the outer boundary of the school property.

[RoyGBiv]

hold on so you guys are saying if i leave the state (current chl holder) to another state that accepts tx chl and end up driving through a school zone, not entering the property just driving through or by the school i can / could get arrested for it? -- sorry but thats totally crazy to me

Yes.... and Yes it's crazy..

[n5wd]

Charles,

I appreciate your view that we should concentrate on what's "real". The problem I have is that with Obama anything is possible and therefore "real". Difficult times.

The GFSZ is a federal law. Please let us know when you see FBI, ATF, or any other federal agents making traffic stops near schools and arresting people who happen to be carrying a weapon in their car and don't have a CHL from the state they're in.

[SherwoodForest]

State reciprocity agreements, or unilateral procalamations recognizing the validity of your out-of-state license/permit IS LICENSING/PERMITTING you to carry while in that state subject to such restrictions that apply to that state's issued license/permit.

[Keith B]

State reciprocity agreements, or unilateral procalamations recognizing the validity of your out-of-state license/permit IS LICENSING/PERMITTING you to carry while in that state subject to such restrictions that apply to that state's issued license/permit.

Incorrect. The Gun Free School Zone Act has an exemption for you if you have a CHL issued from the state that you are in. So, if you are in Texas and have a Texas CHL and since Texas allows you to carry on school property, then you are OK. If you have a Florida CHL, then you are not exempt in Texas, but you would be if you travel to Florida. If you travel to Florida with your Texas CHL, then you are not exempt even if Florida allows their permitees to carry on school property.

Now, with that said, just as Charles stated there are no cases that I am aware of where a CHL holder or other person has been arrested for possesion of a firearm in a GFSZ unless it was an 'add on' charge and they were charged with something else more severe (not a traffic ticket or minor infraction.) If anyone can show us a case to the contrary, then please point us to it.