What is a "school zone"?
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What is a "school zone"?
It's illegal to carry within 1000 ft. of a "school zone." So what's a school zone? The edge of its 20-acre athletic field? The "school zone" per the reduced speed limit? The buildings or parking lot? In a tiny (pop. 300) town we live near, 1000 ft. from the school's property would envelope virtually the entire town, including the bank, store, both cafes, etc.
-Ruark
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Re: What is a "school zone"?
You are referring to the federal gun free school zones act. If you have a carry license issued by the state you are in, the 1,000 ft rule does not apply to you carrying your handgun. The 1,000 feet does extend from the school property line and does not correlate to school driving zones. It is illegal for you to have a loaded rifle or shotgun in the cab of your vehicle within 1,000 ft of a school, but it is widely not enforced. Hopefully the GFSZA gets repealed during the trump presidency.
Per state law, you could carry on school property where there is no school sponsored activity going on, but you cannot carry inside any buildings.
Per state law, you could carry on school property where there is no school sponsored activity going on, but you cannot carry inside any buildings.
CHL Holder since 10/08
NRA Certified Instructor
Former LTC Instructor
NRA Certified Instructor
Former LTC Instructor
Re: What is a "school zone"?
Even just driving past at 60mph?locke_n_load wrote:You are referring to the federal gun free school zones act. It is illegal for you to have a loaded rifle or shotgun in the cab of your vehicle within 1,000 ft of a school, but it is widely not enforced.
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Re: What is a "school zone"?
From the statute:Ruark wrote:It's illegal to carry within 1000 ft. of a "school zone." So what's a school zone? The edge of its 20-acre athletic field? The "school zone" per the reduced speed limit? The buildings or parking lot? In a tiny (pop. 300) town we live near, 1000 ft. from the school's property would envelope virtually the entire town, including the bank, store, both cafes, etc.
There are exceptions for private homes/businesses located within the "school zone", but not for the streets, sidewalks, etc. There also exceptions for people with state issued permits, LEO "on official business". For everything else, it's a federal offense (felony) that many people commit daily. Much more serious than carrying on postal property, buildings, or Army Corps land which are federal infractions, misdemeanors, and infractions, respectively.18 U.S. Code § 921 - Definitions
...
(a) As used in this chapter—
...
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.
...
By any reasonable reading of the Constitution, this law is clearly unconstitutional (commerce clause, 2nd amendment, 10th amendment, etc.) and the original version was found so by SCOTUS in US vs Lopez. But the new version in which the statute opines upon interstate commerce, has not been held so. For the time being, it's the "law of the land" as the Leftists say.
One point about the issue of "out of state licenses" not being valid as an exception to GFSZA...this is an interpretation by the ATF that I personally think has no basis in the text of the law. But my opinion, doesn't really count, does it?
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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Re: What is a "school zone"?
(q) (1) (H) ...SMH...troglodyte wrote:https://www.atf.gov/file/58691/download ... nload/[url]
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PFC Paul E. Ison USMC 1916-2001
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PFC Paul E. Ison USMC 1916-2001
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Re: What is a "school zone"?
That is the problem with Federal Bureaucrats including the Office of the President, they forget they cannot make law and merely adopting a policy that infringes on the 2A is unconstitutional. The real issue is our Congress has abdicated their power and authority to these Bureaucrats by being either lazy or cowardly.ScottDLS wrote:Ruark wrote: By any reasonable reading of the Constitution, this law is clearly unconstitutional (commerce clause, 2nd amendment, 10th amendment, etc.) and the original version was found so by SCOTUS in US vs Lopez. But the new version in which the statute opines upon interstate commerce, has not been held so. For the time being, it's the "law of the land" as the Leftists say.
One point about the issue of "out of state licenses" not being valid as an exception to GFSZA...this is an interpretation by the ATF that I personally think has no basis in the text of the law. But my opinion, doesn't really count, does it?
Texas LEO / TCOLE Firearms Instructor / LTC / Glock Armorer / NRA Endowment-Life Member