Friend moved into a school zone...???

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JamesTX10
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#31

Post by JamesTX10 »

Does the issuing state matter? I am planning on getting my permit from UT. I drive past two schools on my way to work. Will that matter?
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txinvestigator
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#32

Post by txinvestigator »

JamesTX10 wrote:Does the issuing state matter? I am planning on getting my permit from UT. I drive past two schools on my way to work. Will that matter?
no
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Venus Pax
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#33

Post by Venus Pax »

If you have the CHL, the "gun free school zone" deal doesn't apply to you. You cannot bring your gun into the buildings, ever. You also can't bring your gun with you into parking lots or grounds where school functions are taking place. You're fine with your gun in your car while picking up a kid from school. You're definitely fine going to a friend's house.
"If a man breaks in your house, he ain't there for iced tea." Mom & Dad.

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KBCraig
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#34

Post by KBCraig »

txinvestigator wrote:
JamesTX10 wrote:Does the issuing state matter? I am planning on getting my permit from UT. I drive past two schools on my way to work. Will that matter?
no
The Gun Free School Zones Act is 18 USC 922(q). The exemption for licensed carry is 922(q)(2)(b)(ii).

(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—
(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;

A strict reading says that licensed concealed carry is only exempt in the state in which the license is issued. I don't know of case law on this, but I'd like to see some.

Kevin
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GlockenHammer
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#35

Post by GlockenHammer »

txinvestigator wrote:
JamesTX10 wrote:Does the issuing state matter? I am planning on getting my permit from UT. I drive past two schools on my way to work. Will that matter?
no
Are you sure, txinvestigator? I thought you had to be licensed by the state in which the school resides due to the language of the law. A UT license would thus allow you to carry into the gun free school zone in UT, but not in TX.
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