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Car Carry Law and School Campuses
Posted: Wed Oct 24, 2007 12:38 pm
by stoneface
I teach part-time at a private school that I have not yet talked into letting me carry while at work. When I drive there to teach one class, I am carrying, so I secure in my truck or car in the parking lot before going inside. However, on occasion, my wife needs to drop me off (she does not have a CHL). If, when she drops me off, I disarm and lock my weapon in the glovebox, am I causing her to break the law by possessing a weapon on school campus? Or is she covered by the car carry law?
Posted: Wed Oct 24, 2007 12:54 pm
by Mithras61
Yes, she is covered by the car-carry law, and yes, she is breaking the Federal law on firearms posession in a gun-free school zone (I'm assuming she has a key to the glove box).
Sounds to me like a good reason for her to get her CHL... (at least, that's what I tell MY spouse)
Posted: Wed Oct 24, 2007 1:37 pm
by stoneface
Sounds to me like a good reason for her to get her CHL... (at least, that's what I tell MY spouse)
Yeah, we're working on that, but we just had a baby and she hasn't been able to get to the range yet (she's never shot a handgun). At least she WANTS to do it
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Posted: Wed Oct 24, 2007 2:01 pm
by Mac
I thought that Lopez V US killed the gun free school zones; Am I wrong?
Posted: Wed Oct 24, 2007 2:03 pm
by seamusTX
Mac wrote:I thought that Lopez V US killed the gun free school zones; Am I wrong?
No and yes. Lopez killed it. A revised version was enacted later. The later version has never been litigated.
- Jim
Posted: Fri Oct 26, 2007 10:38 am
by barres
If you put a keyed trigger lock on the pistol, and kept all the keys to that trigger lock with you, I think you wife would be okay in regards to the Federal laws, as the gun would be inaccessible to her in that condition.
I am not a lawyer.
Posted: Fri Oct 26, 2007 10:43 am
by seamusTX
barres wrote:If you put a keyed trigger lock on the pistol, and kept all the keys to that trigger lock with you, I think you wife would be okay in regards to the Federal laws, as the gun would be inaccessible to her in that condition.
The federal law requires the firearm to be unloaded and in a locked container or rack.
- Jim
Posted: Sat Oct 27, 2007 10:07 pm
by Photoman
The federal law that I think you all are referring to is applicable to interstate transport of firearms. Not sure if it would do you any good in the situation here.
Posted: Sun Oct 28, 2007 8:16 am
by seamusTX
Take a look at 18 US 922 (q)(2)(B)(iii)(II):
http://trac.syr.edu/laws/18USC922.html
- Jim
You all beat me to my next question . . .
Posted: Wed Oct 31, 2007 10:24 am
by stoneface
What if I unload? It's a Taurus, so it has the integrated security system where I can lock it. Locking the glovebox doesn't do any good because her car key opens that, but the pistol would be unloaded and locked and unable to be unsecured by anyone but me.
Posted: Wed Oct 31, 2007 11:00 am
by seamusTX
The federal law says unloaded and in a locked case or rack. The driver of the car can legally have the key to the case.
It is completely legal under state law for the driver of a car to have a concealed handgun, loaded or not.
I have said already, this law is never used to prosecute people who are simply driving near a school. The NRA would love to have a test case to take to the Supreme Court.
I would never advise someone to break the law, but IMHO this is an unconstitutional law with no moral authority. It was already overturned by the Supreme Court once.
- Jim
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