Because I'm Not a Lawyer Question 1.

tinhorn

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So I follow a link to a page where I read:

Federal Gun-Free School Zones Act

Congress passed the Federal Gun Free School Zones Act of 1990 (GFSZA) and it was amended in 1995 to prevent guns being carried near schools. It states that one cannot knowingly possess a firearm in a school zone. “School zone” is defined as “in, or on the grounds of, a public, parochial or private school; or within 1,000 feet of the grounds of a public, parochial or private school.” It includes all public roads and sidewalks within that 1,000-foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee or an unloaded weapon in a locked container/rack. It should be noted that the firearm permittee exemption only applies in the state that issued your permit/license, not any states with reciprocity.

18 U.S. Code § 922(q)

My non-lawyer mind interprets this to mean that if I'm driving past Sister Agnes's School for Wayward Girls with a loaded gun, I'm in violation of federal law. Can this be correct? (I've been wrong before.)

Bonus questions:

Are Sister Agnes's parochial school grounds considered private property?

Is a home school considered to be a private school? It appears that being ON private school property is okay, but being present in the private school's “buffer zone” isn't mentioned.


This is just federal-level confusion. I haven't even started on MA-level confusion yet.
 
As for the "driving past" part, the exceptions are detailed in the actual text of the act, and are clearly "or":
It does not apply:
  1. on private property or
  2. to a licensed concealed firearm permittee or
  3. an unloaded weapon in a locked container/rack.
It should be noted that the firearm permittee exemption only applies in the state that issued your permit/license, not any states with reciprocity.
 
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Is a home school considered to be a private school?
This is covered in 18 U.S.C. § 922(q)(2)(A) which states: "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."

I wonder how they treat an individual who's carrying concealed in a State that doesn't require an LTC.
Nobody has volunteered to be a test case.

New Hampshire, at least, has made it clear the state has no interest (at this time) in persecuting otherwise law-abiding citizens over this, and that was before the "We won't waste resources enforcing the federal gun laws" bill was signed.
 
The Supreme Court initially overturned that law, so you probably want to know about the 1995 replacement:


Looking at that language, it reads:
Subparagraph (A) does not apply to the possession of a firearm . . .
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;

So on its face, that clause means that in so-called "constitutional carry" states you can't carry in a school zone unless the state has an optional licensing process and you opt in. It also seems to exclude reciprocity agreements, so if your license is from another state you are still out of luck even if that state accepts your license for other purposes.

What I can't tell you is how a court would rule in such a case, or whether Federal Prosecutors have funding to pursue such cases.
 
Really? To drive past a school? In a constitutional carry State like NH?
More like walking, actually. There is a school close to the restaurant I lunch at when I visit a gun store in NH. If I didn't have a NH NR license, I would be opening myself up to a federal crime, which would render me a "diaqualified person" for life. How big is the risk? I don't know but it is easy and cheap enough to render the issue moot.
 
More like walking, actually. There is a school close to the restaurant I lunch at when I visit a gun store in NH. If I didn't have a NH NR license, I would be opening myself up to a federal crime, which would render me a "diaqualified person" for life. How big is the risk? I don't know but it is easy and cheap enough to render the issue moot.
Keeping in mind that NH state & local police can not arrest for a federal crime and Feds don't care about minor crimes such as this, the risk is about as close to zero as you can get.
 
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