SFA: Arrested for "Place where Weapons Prohibited"

[dicion]

I'm sorry. I thought when I quoted it that it said state and federal. Either you edited the post while I was typing or I am going a little cross-eyed and crazy. I'd put bets on the latter.

No you were right, I did edit it. The first time I typed it, for some reason I put state and federal law. Then after posting, I noticed my mistake, and edited it.
That's what I get for typing faster than I can think sometimes ;)
I thought I got it quick enough, oh well

[Kythas]

It's pretty ridiculous that the Federal government can do whatever it wants by simply adding "that affects interstate commerce" to a sentence. Our Founders are surely rolling over in their graves.

[sjfcontrol]

They've been spinning so fast that Al Gore wanted to harness their wind energy!

[3dfxMM]

The Gun Free School Zone Act of 1996 does not apply to colleges/universities. It specifically states that it only applies to elementary and secondary schools.

[dicion]

The Gun Free School Zone Act of 1996 does not apply to colleges/universities. It specifically states that it only applies to elementary and secondary schools.

Very good call. Totally forgot that Texas' definition of 'school' (or extreme LACK Thereof!) and Federal were quite different!

US CODE TITLE 18 > PART I > CHAPTER 44 > § 921
§ 921. Definitions
(a)
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

However, the OP didn't specify if it was a college or a primary school, just said 'campus'.. But yes, if it was a college/university, then the Federal GFSZ Act does not apply.

[hirundo82]

It's pretty ridiculous that the Federal government can do whatever it wants by simply adding "that affects interstate commerce" to a sentence. Our Founders are surely rolling over in their graves.

And that's not likely to change any time soon, short of a constitutional amendment. You can thank Justices Stevens, Kennedy, Ginsberg, Breyer, Souter, and Scalia for that.

[Hoi Polloi]

That explains why a resident CHL allows you to take a firearm through a school zone while a non-resident CHL does not. But in actuality, the firearm itself might not have crossed state lines even if your CHL did. I'm curious what that law specifically says and if it is state or federal. I can't look it up now.

[Oldgringo]

05/02/2010 at approximately 2:25 am officers observed suspicious
activity...

My word! What could possibly be suspicious about activity in a parking area at 2.25 AM - no way!

[hirundo82]

That explains why a resident CHL allows you to take a firearm through a school zone while a non-resident CHL does not. But in actuality, the firearm itself might not have crossed state lines even if your CHL did. I'm curious what that law specifically says and if it is state or federal. I can't look it up now.

Texas law has a penalty enhancement for crimes committed with firearms within 1000ft of a school, but possession of a loaded firearm in a school zone isn't a crime itself under Texas law--hence why car carry without a CHL is legal virtually everywhere in the state.

The relevant federal law is 18 USC §922(q). They use the catch-all phrase "moved in or otherwise effects interstate commerce," which, after Gonzales v. Raich, can apply to virtually anything. Prior to that, you might have been able to make a case if the gun possessed had never traveled in interstate commerce.

(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.

[RPB]

"moved in or otherwise effects interstate commerce"

So ...
(Support your local economy while avoiding Federal Regulation)

Buy TEXAS guns

Partial, quickly compiled list of TEXAS made gun manufacturers:
American Derringer is in Waco.
Bond Arms is in Granbury
Benton & Brown Firearms, TX
Briley Manufacturing, Inc., TX
Cimarron Firearms is in Fredericksburg
Galaxy Imports, TX
High Standard Mfg Co., TX
KDF, TX
Kleinguenther Firearms, TX
Maverick Arms Inc., TX
Military Armament Corp., TX
Pauza Specialties, TX
Phillips & Rodgers, Inc., TX
Strayer/Voigt Inc., TX
S.T.I. International, Georgetown TX
Texas Longhorn Arms, TX
Texas Brigade Armory, TX
Wise Lite Arms, Boyd Texas

[sjfcontrol]

Just because a gun does not travel out of the state, does not mean it hasn't affected interstate commerce.

Seems that an item can affect interstate commerce by being something that prevents the buyer from buying one that DID come from out of state.

There was a farmer that was growing grain (or something) to feed to his own farm animals. The government, it its wiseness, decided that activity COULD be regulated by the interstate commerce clause because if it weren't for his growing his own grain, he would have had to purchase grain that DID travel from out of state. Therefore his activity DID affect interstate commerce.

With that definition, absolutely EVERYTHING affects interstate commerce.

[hirundo82]

Seems that an item can affect interstate commerce by being something that prevents the buyer from buying one that DID come from out of state.

That was the reasoning (to use the term loosely) applied in Raich. See US v. Stewart for a gun-related example--a 9th Circuit panel struck down a conviction under 922(o) (unlawful transfer of a machinegun) because it was homemade and had never travelled in interstate commerce, but it was remanded and reversed after SCOTUS decided Raich.

Some of the examples given of Texas gun makers don't even require that much of a stretch--for example Maverick Arms makes shotguns in Texas from parts made in Mexico.

[3dfxMM]

The Gun Free School Zone Act of 1996 does not apply to colleges/universities. It specifically states that it only applies to elementary and secondary schools.

Very good call. Totally forgot that Texas' definition of 'school' (or extreme LACK Thereof!) and Federal were quite different!

US CODE TITLE 18 > PART I > CHAPTER 44 > § 921
§ 921. Definitions
(a)
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

However, the OP didn't specify if it was a college or a primary school, just said 'campus'.. But yes, if it was a college/university, then the Federal GFSZ Act does not apply.

I had assumed that the SFA in the subject was referring to Stephen F. Austin State University in Nacogdoches.

[age_ranger]

Can someone sticky some facts on carrying around schools. Every time a thread pops up like this I always get confused as to where I can carry. Last I knew, I could carry concealed with my CHL up to the front door of the public schools. Is this different for a college campus like The community College in Plano? Isn't that campus where they have the gun show or is that different?

Seems the older I get, the easier I get confused..........

[bdickens]

05/02/2010 at approximately 2:25 am officers observed suspicious
activity...

My word! What could possibly be suspicious about activity in a parking area at 2.25 AM - no way!

Oh, God, here we go again!

You do realize, don't you, that not everybody wakes up at 5:00AM and is in bed by 9:00PM?