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Arrest for gun within 1000 feet of school, on Public Street

Ben Cartwright SASS

Ben Cartwright SASS

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Last night I was told by a friend of mine, a fellow member of the Taunton Rifle and Pistol club that one of the members was arrested while driving to the outdoor range. Here is what I was told,

He had his pistols locked up in a case and locked in the trunk. His range bag with no weapons was on the back seat of his car.
He drove down School St (rather than going up Rt 106) and was stopped by the police in front of one of the schools (while still operating his car on a public way). The Officer noticing the range bag, asked him where he was going and he said to the range.
They then arrested him for having guns within 1000 feet of a school.

What is the law on the 1000 foot zone around schools, does it exempt driving on a public road or are we taking a chance of getting caught if we are going to the range and drive within 1000 feet of a school or courthouse (or in the future any Federal Judge even if he is driving his car on the same road)?
 
<------ waiting for reply as well. as i drive bye 4 schools daily [laugh]



*sucks for the member (if it's true)... INAL, but i always thought it was no guns on school grounds / property (i.e. parking lot, inside the building ect)
 
Info about the Federal law from
http://gunowners.org/fs9611.htm

HE BOGUS "HUNTER EXEMPTION:" The so-called "hunter exemption" applies only when the school authorities specifically give permission for a hunter to cross their property -- and then only when the gun is unloaded. Assuming that a hunter on the way to a hunting trip would have to cross fifty school zones, that hunter would have to check with all fifty schools -- or risk being a felon if he did not qualify under another exemption.

THE "GUN OWNER REGISTRATION EXEMPTION:" The "gun free zones" law exempts CCW (Carry Concealed Weapon) holders who live in a state that requires a background check before the issuing of a permit. (This means that CCW holders that live in states like Alabama are not exempted under this provision because background checks are not mandated by state law.) What this so-called exemption does is force a citizen to register with the authorities as a gun owner before he can carry a loaded self-defense weapon in his or her car.

While many gun owners have made the choice to register themselves in order to carry concealed, many have decided to keep their names off of any government list. (In fact, the recent abuses in states like Virginia and Pennsylvania -- where newspapers are printing the names of CCW holders -- show how easily this registration information can be abused.) Before this "gun free zones" law, motorists in many states could legally transport a loaded firearm for self-defense, without getting a CCW permit.

For example, Vermont allows any citizen to carry a concealed firearm without a permit. (Vermont law only prohibits the carrying of a concealed firearm with the purpose of committing a crime.) Thus, citizens in Vermont can carry legally without jumping through any government-ordained "hoops" -- there is no registration, license fees or taxes. But now under the federal gun free zones provision, law-abiding motorists from Vermont and other states will have to beware. Those who could previously transport a loaded firearm will be stripped of their right to carry a self-defense firearm within 1,000 feet of a school (unless they qualify under another exemption).

THE USELESS "TRANSPORTATION EXEMPTION:" This extremely limited exemption would ONLY allow a motorist to transport an UNLOADED firearm in a LOCKED BOX or a LOCKED GUN RACK, assuming the motorist does not have a CCW permit as explained above. Even an UNLOADED gun kept in a glove compartment for self-protection would subject the bearer to a five-year prison sentence. Furthermore, this is true even if the person transporting the gun is an OFF-DUTY POLICE OFFICER.

Note: Citizens in states like Virginia and Colorado should beware. While these states allow motorists to carry a firearm in the passenger compartment, an obvious conflict arises now when the motorist comes within 1,000 feet (about 3 blocks) of a school. Many jurisdictions now set up road blocks to give sobriety checks and check for seat belts being worn. Police who conduct these road blocks within a school zone will now have one more "prohibited activity" to inspect for.

THE "PRIVATE PROPERTY" TRAP: While it is true that a person living within a school zone would not automatically have to relinquish his guns, it would be UNLAWFUL for him TO CARRY HIS GUN TO HIS CAR PARKED ON THE STREET OUTSIDE HIS HOUSE. Furthermore, the private property exemption only applies to "private property not part of school grounds." Home schools might not be exempted since these clearly fall within the definition of a school under U.S. Code (18 U.S.C. 921), which defines a "school" as a place which "provides elementary or secondary education as determined under state law."
Click to expand...

Emphasis is mine. Good luck to the dude!

MA only bans carriage on your person on school grounds.
 
Ben Cartwright SASS said:
asked him where he was going and he said to the range.
Click to expand...
I would have said "To my friends house". From what I understand the law does not include weapons in your vehicle while you are driving by. If I was your friend, I would have also waited until I was more than 1,000 feet away from the school before pulling over.
 
what if you lived next to the school and owned guns? are you in violation? i seem to remember reading about this in anoither post some time ago, cant recall the details though. i call shenanighans, but stranger things have happened.
 
GFSZ is a federal law, so I'm not really sure what authority the LEO had to arrest him under, unless there's some wallhack they can use.

Not to mention GFSZ is irrelevant in the case where an individual has a permit.

Something doesn't smell right here.

-Mike
 
Why are so many of you getting worked up about a classic "my friend has a friend that told him" story?. Wait until something official is presented before you go putting your blood pressure into the red.
 
The federal law (18 USC 922(q)(1) Federal Gun-Free School Zones):

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;
Click to expand...


The MA law(MGL Chapter 269, Section 10):

(j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.
Click to expand...

Assuming this individual was properly licensed in MA and the weapons were locked in the trunk then it would appear there was no violation.

Get a Lawyer and plan to sue for false arrest.
 
fbirdquik6 said:
Why are so many of you getting worked up about a classic "my friend has a friend that told him" story?. Wait until something official is presented before you go putting your blood pressure into the red.
Click to expand...

Because it could happen to my friend, or a friend of my friend, or my mother's bingo partner.

Sheesh...
 
If the story came from Texas, Florida or other gun friendly states, I would have my doubts. If it happened here, I would give it much more credibility. Why didn't the guy put the range bag into the trunk or, if he was driving a SUV, put it in the rear compartment with a blanket over it? When I am carrying my rifle or shotgun to/from the range or hunting, I keep it in its case, with a trigger lock on, behind the seat of my pickup truck. The less LEOs see during traffic stops, the better.
 
Remember kids, don't talk to the police! They aren't your friend and they aren't trying to help you. If a cop asks a question, it is so he can jam you up on something, pure and simple. "Am I being detained or am I free to go?" and "Have a nice day" are all I say to LEOs, especially when they ask me what's in my bag or car or whatever.
 
That would suck, theres close to 30 schools in my city, not a ton of room. No wonder its so hard to get a license in boston, youd be in violation in most of it.

Funny thing was, when I picked up my new gun earlier this month, I then went and picked up my sister from school on the way home and didnt realize it once I was parked that I may be in violation of gun free zone. [hmmm]
 

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