School Gun Free zones.... aren't? (at least in NH)

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The Gun Free School Zones Act of 1990 (18 U.S.C. § 922(q)) states:

(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;

etc. etc.


OK. I live in NH. I have a NH carry permit. Law of NH requires that, before an individual obtains such a permit, the NH police verify that the individual is qualified under law to receive the permit. AFAIK, there's no NH law that prohibits carry in schools.
So... I can carry in schools, right? And so do all NH school teachers who live in NH and have bothered to get a NH carry permit?
What am I missing here?
 
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- Terms of empolyment
- Termination for cause
- Loss of tenured job, exile to the dreaded private sector.

That's between teachers and the school district. At least there's no federal violation here, if I'm reading correctly.

And, looks like NH parents can carry on school property, correct. That was the major obstacle to my wife's carrying as she's dropping off and picking up our school kids all the time and thought she can't have the gun on her while she's within 1000ft of school.
So, she's free to carry her Desert Eagle to the next parent-teacher conference, right?
 
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The following line is key:

"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"

NH licenses allow the town selectmen to verify you can have the permit. Extremely few NH towns do not have a COP to sign the license, but because of that language in the law, it is unknown if you are breaking the fed law as there is no case law on this.

Also, the next part of the fed law says:

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

Even if NH's license did not have the above ambiguity, you still could not carry it loaded. And there is some question as to whether a loaded mag in the gun but no loaded chamber counts as "loaded" under NH law and probably fed law.
 
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Aside from the School Policy issues, many of the gun lawyers in New Hampshire think there is a grey area in whether the New Hampshire Pistol/Revolver license meets the criteria of a carry license as described in the Gun Free School Zones Act.

Here's the quote from the GONH FAQ from their website on the Subject

"What about federal law, does it restrict where I can carry a firearm in New Hampshire? Yes, it does, you cannot lawfully carry a firearm in federal courthouses. Federal law also arguably prohibits carrying a firearm in federal buildings and potentially New Hampshire school zones which is defined as elementary, junior high, and high school (simply because of the language in R.S.A. 159:6, which arguably does not "require" a New Hampshire licensee to make sure the applicant is "qualified under law to receive a New Hampshire license." No New Hampshire licensee has been challenged on this point yet, don‘t be the test case!)."
 
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h
Also, the next part of the fed law says:
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle.

Right. But section (iii) does not apply to (ii). Section (iii) applies to (B).
That is,
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school OR
(ii) if licensed by the same state OR
(iii) not loaded OR
(iv) by an individual for use in a program approved by a school in the school zone; OR
(xx) a few other exceptions


Section (iii) allows unloaded guns locked away in the trunk even if an individual does not have a license.

So, looks like the only obstacle to carrying on school property is ambiguity of section (ii).
 
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Here's the quote from the GONH FAQ from their website on the Subject

"What about federal law, does it restrict where I can carry a firearm in New Hampshire? Yes, it does, you cannot lawfully carry a firearm in federal courthouses. Federal law also arguably prohibits carrying a firearm in federal buildings and potentially New Hampshire school zones which is defined as elementary, junior high, and high school (simply because of the language in R.S.A. 159:6, which arguably does not "require" a New Hampshire licensee to make sure the applicant is "qualified under law to receive a New Hampshire license." No New Hampshire licensee has been challenged on this point yet, don‘t be the test case!)."

That sucks.[frown] But thanks for the reference!
 
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Right. But section (iii) does not apply to (ii). Section (iii) applies to (B).
That is,
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school OR
(ii) if licensed by the same state OR
(iii) not loaded OR
(iv) by an individual for use in a program approved by a school in the school zone; OR
(xx) a few other exceptions


Section (iii) allows unloaded guns locked away in the trunk even if an individual does not have a license.

So, looks like the only obstacle to carrying on school property is ambiguity of section (ii).
Yea, I hate how laws are written (especially at the fed level). I never know when to use AND or OR.

The ambiguity lies in the NH law, RSA 156:6. And there have been no test cases as far as I know.
 
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When in doubt take the steps you feel necessary to protect you and your loved ones. I carry everywhere except where the law CLEARLY says I can't.
 
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