Author Topic: Exceptions to the Gun-Free School Zones Act).  (Read 5161 times)

spanman

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Exceptions to the Gun-Free School Zones Act).
« on: October 19, 2014, 12:24:00 PM »
I was reading "Guns Save Lives", and this came up.
(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;
Any thoughts?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Exceptions to the Gun-Free School Zones Act).
« Reply #1 on: October 24, 2014, 01:01:36 PM »
spanman,

The Federal Gun Free School Zones law encompasses an area of 1000 feet surrounding the property of a public, private, or parochial elementary or secondary school.  This law is found in 18 USC 44 §922(q)(2) and makes it the possession of a firearm illegal in these “zones”.  As this post points out there are several exceptions.  The gun free school law does not apply to people who have firearms on their own property, people who have concealed carry licenses from the state where the school zone is located, people who are in possession of unloaded firearms that are locked away, people who use firearms in approved school activities, people who possess firearms pursuant to a school contract, police officers who are on duty, or people who are crossing school property to go hunting as long as the firearm is unloaded and they have the school’s permission.  Every person who does not fit into one of these exceptions technically violates federal law when they go with a firearm within 1000 feet of a school.  However, there is usually not a U.S. Marshall in front of schools stopping cars and searching them to see if a person without a CHL has a loaded handgun underneath their front seat.

Thank you for your question.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

caviarsmom

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Re: Exceptions to the Gun-Free School Zones Act).
« Reply #2 on: October 28, 2014, 04:07:38 PM »
so, if i am understanding this answer correctly, i (as a TX CHL holder) CAN be in the parking lot of my kids' school with my weapon. MUST it be holstered on my person? does it have to be unloaded and locked up?
thanks.

caviarsmom
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Neighbor

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Re: Exceptions to the Gun-Free School Zones Act).
« Reply #3 on: October 28, 2014, 05:47:25 PM »
Yes, you may have a concealed weapon in the school parking lot if you have a Tx CHL and no it does not have to be unloaded or locked up - just concealed. Welcome to the forum and by the way, I am not a lawyer but this is covered in several earlier posts on this forum.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Exceptions to the Gun-Free School Zones Act).
« Reply #4 on: November 03, 2014, 04:20:35 PM »
caviarsmom,

Under Texas law, you may be in the parking lot of your child’s school with your firearm. It may be loaded or unloaded, on your person or stored within the vehicle off your person. So long as you do not carry the weapon into the school building, you may carry it however you desire.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

captstent

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Re: Exceptions to the Gun-Free School Zones Act).
« Reply #5 on: April 08, 2015, 03:36:35 PM »
The gun free school law does not apply to people who have firearms on their own property, people who have concealed carry licenses from the state where the school zone is located, people who are in possession of unloaded firearms that are locked away
So if both my wife and I are CHL holders and we want to go up to the local high school track to get some exercise, as long as our fire arm of choice is locked in our car parked next to the track, we are good to go? Is it best to move the firearm to the lock box before we get on school property? What is considered "unloaded" for a semi automatic pistol?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Exceptions to the Gun-Free School Zones Act).
« Reply #6 on: April 13, 2015, 03:55:49 PM »
captstent,

Since you both have CHLs, you may leave the firearm(s) however you’d like, I wouldn’t worry about the lock box if that’s not your preference. Unloaded is simply going to mean no rounds in the chamber or magazine.

Also worth noting- this is a federal law issue, Texas only requires that you not carry a gun inside school buildings or on the grounds of any school activity. We have not ever seen a federal prosecution for simply having a gun in your vehicle in violation of federal law.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »