Ask the DPS CHL division staff a question.

Post by **Charles L. Cotton** » Mon Oct 15, 2007 9:44 pm

txinvestigator wrote:I'd like to read the Federal Law. Does anyone remember the number or have a link?

I have it in my archives; I'll try to find and post it.

Chas.

stevie_d_64 · Post by **stevie_d_64** » Mon Oct 15, 2007 9:54 pm

txinvestigator wrote:I'd like to read the Federal Law. Does anyone remember the number or have a link?

Post by **Crossfire** » Mon Oct 15, 2007 10:37 pm

txinvestigator wrote:I'd like to read the Federal Law. Does anyone remember the number or have a link?

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

txinvestigator · Post by **txinvestigator** » Mon Oct 15, 2007 10:57 pm

llwatson wrote:
txinvestigator wrote:I'd like to read the Federal Law. Does anyone remember the number or have a link?
http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

Thanks

srothstein · Post by **srothstein** » Tue Oct 16, 2007 9:42 pm

txinvestigator wrote:I'd like to read the Federal Law. Does anyone remember the number or have a link?

Title 18, Chapter 44, Section 922(q)

If you scroll down far enough:
http://uscode.house.gov/download/pls/18C44.txt

This is the first time I read it, and it has some interesting exceptions. The gun can be in the car if it is unloaded and in a locked container, for one instance. It also allows for it to be on private property within the school zone though it makes no mention of how it got there (like TX law on unlawfully carrying a pistol from the car to the house).

GrillKing · Post by **GrillKing** » Wed Oct 24, 2007 8:32 am

Charles L. Cotton wrote:Correct. As for as Texas law is concerned, you can carry in your car without a CHL, even if you are within 1,000 feet of a school. Federal law however prohibits this conduct, unless you have a CHL issued by the state in which the school is located. (This means reciprocity agreements don't protect you from the federal statute, when we are in other states.)

So, if I understand correctly, if you are driving down the Interstate in another state with reciprocity with Texas, and you pass within 1000 feet of a schools property, you are in violation of Federal law? This makes any reciprocity near worthless for interstate travel if you want to be sure and not be in violation. You almost certainly will pass within 1000 feet of a school on a trip of any distance, especially if you get off the Interstate system.

seamusTX · Post by **seamusTX** » Wed Oct 24, 2007 8:38 am

GrillKing wrote:So, if I understand correctly, if you are driving down the Interstate in another state with reciprocity with Texas, and you pass within 1000 feet of a schools property, you are in violation of Federal law?

Technically, yes. But if anyone were convicted under those conditions, and appealed, the U.S. Supreme Court would strike down the law. The feds know that and have chosen to prosecute only clear-cut criminal cases, like criminals entering school buildings with weapons.

- Jim

GrillKing · Post by **GrillKing** » Wed Oct 24, 2007 8:52 am

seamusTX wrote:
GrillKing wrote:So, if I understand correctly, if you are driving down the Interstate in another state with reciprocity with Texas, and you pass within 1000 feet of a schools property, you are in violation of Federal law?
Technically, yes. But if anyone were convicted under those conditions, and appealed, the U.S. Supreme Court would strike down the law. The feds know that and have chosen to prosecute only clear-cut criminal cases, like criminals entering school buildings with weapons.

- Jim

From the Act itself: 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.

"reasonable cause" may be the 'out' for the traveler.... I don't know where schools are when I travel until I come across them. By then, I'm getting farther away from the school.

seamusTX · Post by **seamusTX** » Wed Oct 24, 2007 9:06 am

GrillKing wrote:"reasonable cause" may be the 'out' for the traveler.... I don't know where schools are when I travel until I come across them. By then, I'm getting farther away from the school.

That is generally true for interstates, but for local roads, drivers encounter school zone signs when approaching schools. Some cities even put up specific "drug and gun free zone" signs.

This law is nonsense and a disgrace to the Congress and President that passed it.

- Jim

GrillKing · Post by **GrillKing** » Wed Oct 24, 2007 9:57 am

seamusTX wrote: That is generally true for interstates, but for local roads, drivers encounter school zone signs when approaching schools. Some cities even put up specific "drug and gun free zone" signs.

Good Point

seamusTX wrote:
This law is nonsense and a disgrace to the Congress and President that passed it.

Better Point!!