Firearms in a school zone

[Doug.38PR]

Okay, I was told it was legal to carry or drive through because in Texas it does not apply to sidewalks, streets or parkinglots....but what about Federal law?

http://www.atf.gov/firearms/legal/other.htm
this says carrying a gun in a school zone is illegal. So the Jack Booted Thugs (aka ATF) can arrest me for driving through a school zone with a gun in my car?

[Kalrog]

Do you have a CHL? Yes? Then you have broken no law because one part of the federal law says something like (paraphrasing) "unless otherwise allowed by the state". Since you have a license from the state to do just that - then you are legal.

[texasag93]

18 U.S.C. § 922(q). Except as authorized, may not possess or discharge
a firearm in a school zone. Punishable by up to 5 years imprisonment.

"Except as authorized" includes traveling (in Texas), CHL, or habitating in that 'school safety zone.' I am sure that there are other exceptions as well, but those are the ones I know off of the top of my small, pointy head.

texasag

[Charles L. Cotton]

18 U.S.C. § 922(q). Except as authorized, may not possess or discharge
a firearm in a school zone. Punishable by up to 5 years imprisonment.

"Except as authorized" includes traveling (in Texas), CHL, or habitating in that 'school safety zone.' I am sure that there are other exceptions as well, but those are the ones I know off of the top of my small, pointy head.

texasag

The exception is far narrower. Only people carrying CHLs issued by the state in which the school is located (not those recognized by reciprocity or othewise) are exempted.

Here is 18 U.S.C. 922(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;

(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.

Chas.

[Doug.38PR]

So if I am driving through Louisiana and go through a school zone with my Texas and Florida CHL.....I'm potentially in trouble?


What about Joe Beerbelly Redneck with a shotgun in the back window of his pickup? (no CHL) Is he illegal driving through a schoolzone? For that matter, am I illegal carrying a longgun through a schoolzone (CHL means Concealed HANDGUN License)?

[dave_in_austin]

From the way the code reads, it also seems that the UPS/FedEx/USPS driver who has a gun store on his route also has potential problems when he makes a delivery to the school before the gun shop. When he stops at the school to deliver a package and unlocks the back of his truck to access the package for the school, then the guns in the packages destined for the gun shop are no longer in a locked container and the driver may be in violation of the code. I wonder if the delivery companies train their drivers about this hazard?

[Crossfire]

(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;

This is one of the things I caution people about who want to carry in Texas on a Utah license.

If you only obtain the Utah permit, and not the Texas CHL, then this exeption does NOT apply to you.

[Doug.38PR]

Well......just a thought....couldn't that include reciprocity licences since the State in which the school is located in recognizes such licenses and therefore under that you are licensed to carry as recognized by that state?

[boomerang]

Just carry a handgun that was made in the same state where you bought it.

No interstate commerce!

[Charles L. Cotton]

So if I am driving through Louisiana and go through a school zone with my Texas and Florida CHL.....I'm potentially in trouble?

Yep, that's the absurdity of this statute. A CHL recognized by the state in which the school is located isn't good enough, unless it's that state's CHL.

What about Joe Beerbelly Redneck with a shotgun in the back window of his pickup? (no CHL) Is he illegal driving through a schoolzone? For that matter, am I illegal carrying a longgun through a schoolzone (CHL means Concealed HANDGUN License)?

If the gun is unloaded and locked in a container or gun rack, then no violation has occurred.

Chas.

Here is the rest of the relevant statute:

(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;
(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.

[Mike1951]

So if the offending gun was a long gun, the TX CHL with a TX license would be in violation just like anyone else?

I frequently have a loaded shotgun or rifle in my truck also.

[boomerang]

It also looks like a LEO can't legally carry in a school zone unless "acting in his or her official capacity" at the time. LEOSA doesn't override other Federal laws.

[anygunanywhere]

There go those reasonable restrictions again.

Anygunanywhere.

[Charles L. Cotton]

It also looks like a LEO can't legally carry in a school zone unless "acting in his or her official capacity" at the time. LEOSA doesn't override other Federal laws.

Quite possibly true. A LEO can carry a handgun because they are exempt from TPC §46.02, not because their commission is a "license" to carry the handgun. If the LEO doesn't also have a CHL, then . . .

Chas.

[Charles L. Cotton]

So if the offending gun was a long gun, the TX CHL with a TX license would be in violation just like anyone else?

I frequently have a loaded shotgun or rifle in my truck also.

Yes, according to a purely technical reading of the statute. I know of no cases that apply it that way, but get the wrong U.S. Attorney and a CHL could have a problem. I think it would be an even bigger stretch than trying to prosecute an off-duty LEO, but we unfortunately do have some run-away prosecutors.

Chas.