Federal Gun Free Zones Act

[driver8]

Does anyone have reliable information about the federal gun free zones act. Is it illegal to drive through a school zone on a public road with firearms? Since it is federal how do state laws figure in?

[SwimFan85]

Does anyone have reliable information about the federal gun free zones act. Is it illegal to drive through a school zone on a public road with firearms? Since it is federal how do state laws figure in?

It depends. If you have a CHL in that state you get a pass in the zone. Also unloaded and locked up.

(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 an 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.

[driver8]

So it's saying that the gun has to be unloaded to drive down the street?

[LarryH]

So it's saying that the gun has to be unloaded to drive down the street?

If you don't have a CHL. Realistically, unless you are the unluckiest person on the planet, while you are driving through the school zone, no LEO is going to know that you have a loaded gun unless you let him know somehow (whether by waving it around like an idiot or shooting somebody).

[marksiwel]

So it's saying that the gun has to be unloaded to drive down the street?

If you don't have a CHL. Realistically, unless you are the unluckiest person on the planet, while you are driving through the school zone, no LEO is going to know that you have a loaded gun unless you let him know somehow (whether by waving it around like an idiot or shooting somebody).

you would be suprised how many cops dont even know that Technically you are breaking the law.
drive on dont worry about it

[CaptWoodrow10]

Here's an interesting article on the subject:
http://gunowners.org/fs9611.htm

It covers the main points anyway, and really scares the mess outta me.

[driver8]

I was thinkin more about my wife, doesn't have a CHL. We work for a school district and I know it's legal to have it in the vehicle in the parking lot but there are 2 schools within 1000 ft. It just rubs me wrong that Washington knows better than Austin does.

[Keith B]

I was thinkin more about my wife, doesn't have a CHL. We work for a school district and I know it's legal to have it in the vehicle in the parking lot but there are 2 schools within 1000 ft. It just rubs me wrong that Washington knows better than Austin does.

You probably know as an employee you can be fired for having the gun on school property, CHL or not. Unfortunately the parking lot bill last year was even leaning on prohibiting school employees from keeping one in their car.

However, as others have said, technically you are in violation if you have a loaded gun in your car and within a 1000' of the school and do not have a CHL or on your own property. Best bet is get her started on getting her CHL, but be careful about the employee portion as the CHL doesn't give you a pass to not be fired.

[driver8]

Yeah I asked Charles that question in the CHL class and he said thay can fire you but they can't prosecute you, depending on district policy. Here the policy reads word for word like state law which tells me it's lok but I'm not gonna ask. As it turns out she's in violation of federal law with the gun in there anyway.

[poppo]

So it's saying that the gun has to be unloaded to drive down the street?

If you don't have a CHL. Realistically, unless you are the unluckiest person on the planet, while you are driving through the school zone, no LEO is going to know that you have a loaded gun unless you let him know somehow (whether by waving it around like an idiot or shooting somebody).

One thing that has me wondering, is here near San Antonio is a range called The bullet Hole. They are currently building a huge school right down the road. This is the only road you can drive on to get to the range, So if you are coming from one direction, you will driver right past the school, well withing the 'zone'. So it would not be inconceivable for a LEO to just tag any car that pulls out of the range and turns left.

[mymojo]

It depends. If you have a CHL in that state you get a pass in the zone. Also unloaded and locked up.
[/color]
(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 an 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.

What if you're carrying an STI?

[SwimFan85]

What if you're carrying an STI?

The US Attorney will argue it affects interstate or foreign commerce because you bought a gun made in Texas instead of a gun made in New York or overseas.

Don't get caught. Don't be a test case. Don't go to Federal PMITA Prison