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Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:03 pm
by dicion
VoiceofReason wrote:Help me understand this.
Okay!
If I enter school property with my gun in the glove compartment, and it stays there, I am not violating state law but I am violating Federal law?
Depends, if a primary or secondary school, and you don't have a CHL, then Yes!
And not only school property. Simply being with 1000 feet of school property! (Although not on private property)

If you have a CHL, or it's a college, or both, then No!
If the city, county or state police do not arrest someone for having a gun in the glove compartment, who will arrest that person on the Federal charge?
A Federal Agent or someone else with the authority to enforce it at the Federal level would have to enforce the Federal charge, hence why it's rarely enforced.
I thought I had it nailed down but now ???????? :headscratch :grumble :banghead:
It's all quite confusing, I know! Yes, technically, anyone who drives by a school, with a firearm in their glovebox, without a CHL is in violation of federal law.

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:05 pm
by RPB
VoiceofReason wrote:Help me understand this.

If I enter school property with my gun in the glove compartment, and it stays there, I am not violating state law but I am violating Federal law?

If the city, county or state police do not arrest someone for having a gun in the glove compartment, who will arrest that person on the Federal charge?

I thought I had it nailed down but now ???????? :headscratch :grumble :banghead:
Federal law has an exception for CHLs
See: viewtopic.php?f=7&t=30957&p=358972&hili ... on#p358972" onclick="window.open(this.href);return false;

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:07 pm
by Hoi Polloi
RPB wrote:
VoiceofReason wrote:Help me understand this.

If I enter school property with my gun in the glove compartment, and it stays there, I am not violating state law but I am violating Federal law?

If the city, county or state police do not arrest someone for having a gun in the glove compartment, who will arrest that person on the Federal charge?

I thought I had it nailed down but now ???????? :headscratch :grumble :banghead:
Federal law has an exception for CHLs
To clarify, I believe federal law has an exception for CHLs that were issued in the same state that the school zone is in.

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:11 pm
by RPB
Thanks, yep,I shouldda been more detailed in my response
CHLs that were issued in the same state that the school zone is in.



(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;

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:14 pm
by Teamless
RPB wrote:CHLs that were issued in the same state that the school zone is in.
So lets say I have a Texas CHL and drive through Louisiana due to reciprocity, and come within 1000 feet of a school, am I then violating the Federal Law because I am not in the same state that it was issued?

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:17 pm
by Hoi Polloi
Teamless wrote:
RPB wrote:CHLs that were issued in the same state that the school zone is in.
So lets say I have a Texas CHL and drive through Louisiana due to reciprocity, and come within 1000 feet of a school, am I then violating the Federal Law because I am not in the same state that it was issued?
Yes.

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:20 pm
by dicion
Hoi Polloi wrote:
Teamless wrote:
RPB wrote:CHLs that were issued in the same state that the school zone is in.
So lets say I have a Texas CHL and drive through Louisiana due to reciprocity, and come within 1000 feet of a school, am I then violating the Federal Law because I am not in the same state that it was issued?
Yes.
:iagree:

Man, Hoi and I should host a Radio show or something where people call in and we give our non-legal opinions of these things! "rlol" :thumbs2:

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:40 pm
by Teamless
dicion wrote::iagree:
Well that's just stupid.... (and I dont mean the agreement - I mean the law)

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Thu Sep 02, 2010 8:41 pm
by Hoi Polloi
dicion wrote:
Hoi Polloi wrote:
Teamless wrote:
RPB wrote:CHLs that were issued in the same state that the school zone is in.
So lets say I have a Texas CHL and drive through Louisiana due to reciprocity, and come within 1000 feet of a school, am I then violating the Federal Law because I am not in the same state that it was issued?
Yes.
:iagree:

Man, Hoi and I should host a Radio show or something where people call in and we give our non-legal opinions of these things! "rlol" :thumbs2:
Oh, that would be fun!

DC and the Hoi Polloi - translating the crazy world of law and politics for the masses. We have no idea what we're doing, but then, neither do they! :lol:

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Fri Sep 03, 2010 8:51 am
by hirundo82
Teamless wrote:
RPB wrote:CHLs that were issued in the same state that the school zone is in.
So lets say I have a Texas CHL and drive through Louisiana due to reciprocity, and come within 1000 feet of a school, am I then violating the Federal Law because I am not in the same state that it was issued?
In the opinion of the ATF, carrying on a reciprocal license does not qualify for an exemption from the GFSZA.

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Fri Sep 03, 2010 11:53 am
by 4copas
So anyone carrying in their car under MPA (they don't have a CHL) that drives through a school zone is in violation of Federal Law?

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Fri Sep 03, 2010 12:05 pm
by hirundo82
4copas wrote:So anyone carrying in their car under MPA (they don't have a CHL) that drives through a school zone is in violation of Federal Law?
Yep. Sounds ripe for a Second Amendment challenge, doesn't it?

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Fri Sep 03, 2010 12:14 pm
by 4copas
hirundo82 wrote:
4copas wrote:So anyone carrying in their car under MPA (they don't have a CHL) that drives through a school zone is in violation of Federal Law?
Yep. Sounds ripe for a Second Amendment challenge, doesn't it?
Wow, wonder how many times a day that happens?

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Fri Sep 03, 2010 10:06 pm
by AJ80
Hoi Polloi wrote:
RPB wrote:
VoiceofReason wrote:Help me understand this.

If I enter school property with my gun in the glove compartment, and it stays there, I am not violating state law but I am violating Federal law?

If the city, county or state police do not arrest someone for having a gun in the glove compartment, who will arrest that person on the Federal charge?

I thought I had it nailed down but now ???????? :headscratch :grumble :banghead:
Federal law has an exception for CHLs
To clarify, I believe federal law has an exception for CHLs that were issued in the same state that the school zone is in.
ii) if the individual possessing the firearm is licensed to do so by
the State in which the school zone is located...

Does this cover rifles as well?
I assume not since it states "the firearm" instead of "a firearm."
And since CHL only refers to handguns and not rifles, we can't possibly be licensed to possess "the" rifle.

Re: SFA: Arrested for "Place where Weapons Prohibited"

Posted: Sun Sep 05, 2010 5:57 pm
by remington79
When I was living in East Texas I took my course from a Constable who used to be an Officer at SFA. he said that you couldn't have firearms in your dorms but it was ok in your vehicle. Just keep them out of sight so as not to alarm anyone.