Federal GFSZ Handgun AND long or just handgun

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Liberty
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Re: Federal GFSZ Handgun AND long or just handgun

#16

Post by Liberty » Mon Mar 12, 2018 5:28 am

I think it's worthwhile to remember the Feds are reluctant to bring cases to court that they aren't very sure they are going to win. To press forward a minor case based on a poorly written law that is likely to be received poorly by any jury, and if wone is almost with certainty be tossed out as unconstitutional.

Thousands (Millions?) of people break the GFSZ every hour. I don't believe there has been a single person charged unless it's been on actual school property itself. The GFSZ is a classic example why we should never write a law reactive to a tragedy. They tend to be stupid, unenforcible, and/or just plain confusing emotion is a terrible motive.
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E.Marquez
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Re: Federal GFSZ Handgun AND long or just handgun

#17

Post by E.Marquez » Mon Mar 12, 2018 7:20 am

Flightmare wrote:https://www.law.cornell.edu/uscode/text/18/922#q_2_B
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

If it's unloaded, and locked up, you may transport it and not be in violation of the federal GFSZA.
Thanks, not an exception Im working under though.
When Im on the road, there is a loaded long gun unless the law prohibits it .....of course
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Re: Federal GFSZ Handgun AND long or just handgun

#18

Post by E.Marquez » Mon Mar 12, 2018 7:28 am

locke_n_load wrote:
https://www.texaschlforum.com/posting.p ... &p=1155374
Charles L. Cotton wrote:
locke_n_load wrote:
ScottDLS wrote:
Charles L. Cotton wrote:
locke_n_load wrote:
Charles L. Cotton wrote:I don't know of any holster for an AR-15 "pistol" nor is there any chance that Texas law will change to allow the carrying of an AR-15 pistol openly.

Buy a LAW Tactical folding stock adapter, get NFA paperwork for an SBR and that will be legal under current Texas law. Then, if you carry it openly, get ready for LEO's to be asking how your day is going, are you mad at anyone, why are you walking by this school, have you taken your meds today, did you get fired or divorced recently, who do you pray to, etc. Obviously, I mean this somewhat tongue-in-cheek, but carrying a short AR-15 around is going to draw a lot of unwanted attention. Having one in your car or truck, or even your briefcase is one thing, but walking around with one that everyone can see will make you the center of attention.

Chas.
Wouldn't walking by a school with an AR rifle be violating the GFSZA, even if you had an LTC?
Not with an LTC.

Chas.
18 USC 922q
...
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;
...
Since the ATF seems to interpret "licensed to do so by THE STATE" to preclude recognition of reciprocal licenses, I wonder if they consider carry of a long arm "THE FIREARM" to be covered by a Texas LTC?
That was the point of my question.
Exemption:
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located
Since long arm carry is not regulated by the state, nor does an LTC authorize one to carry a long arm, would an LTC exempt a licensee from the GFSZA if carrying a loaded rifle?

EDIT: Didn't realize Scott quoted the code, my apologies.
Now I see your point, but the answer is the same. Having an LTC exempts you from the federal school zone law. All that is necessary is that you possess a license that required a background check to obtain the license. It doesn't even have to be a license to carry. For example, a FOID card in Illinois exempts one from the federal law, even though a FOID card is required to purchase and possess a firearm even in your home.

Chas.
:hurry: :hurry: :hurry: :hurry: :hurry: :hurry: :hurry:
Thank you both, one for the lead the other for the quote of Chas's that is what i was looking for...I knew there had to be something i was missing.

Realizing of course, the person with the badge at the time and place of contact may or may not agree with this opinion and further its Federal law the state really cant direct charge you with,,, does not prevent a mistake made at the time of contact, an arrest and mistaken charge levied AT THE TIME .. But i think that would take a series of mistakes from 1st contact to the desk officer taking in the arrestee, and perhaps even a supervisor if I could politely request one to weigh in before things got to far along.

I am much more confident that I am not violating state or federal law now with the manner in which I posses and transport a loaded long gun...

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