Reference:
http://www.law.cornell.edu/uscode/18/us ... -000-.html" onclick="window.open(this.href);return false;
http://www.law.cornell.edu/uscode/18/922%28q%29.html" onclick="window.open(this.href);return false;
US Code TITLE 18 > PART I > CHAPTER 44 > § 921
§ 921. Definitions
...
(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.
US Code TITLE 18 > PART I > CHAPTER 44 > § 922
§ 922. Unlawful acts
(q)
(2)
(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;
(The CHL Exemption)
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
So technically, you CAN have an unloaded weapon on
school grounds without a CHL if it's in a "Locked Container" or "Locked
Gun Rack"
If I was this guy's lawyer, and he was charged under federal law (which it doesn't sound like he is so far) I'd be arguing that the Trunk is a locked container. Of course, it would have to have not been loaded. There is no indication of that either way in the story.
