Sig Forum Attorneys: Gun free campuses

March 26, 2018, 10:30 AM

rduckwor

Sig Forum Attorneys: Gun free campuses - A Question

Does this federal statute nullify the federal gun-free schools law?

18 U.S.C. Â§ 922 (q)(2)(B)(ii) permits possession of a firearm on campus if the individual possessing the firearm "is licensed to do so by the State in which the school zone is located."

Curious as it was cited in an article regarding a school system that decided to arm it's employees.

Thanks,

RMD

TL Davis: “The Second Amendment is special, not because it protects guns, but because its violation signals a government with the intention to oppress its people…”
Remember: After the first one, the rest are free.

March 26, 2018, 10:39 AM

Elk Hunter

Seems like it is pretty clear that it allows people to carry on campus, even if the campus has its own restriction.

Elk

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March 26, 2018, 10:48 AM

Palm

It doesn't nullify the entire act. It carves out an exception from federal prosecution under the act if the person with the weapon is licensed by their state. But of course you still have to comply with your state's law.

But in order to not be in violation, I would say that any teacher carrying in school would need to be licensed by their state.

March 26, 2018, 11:18 AM

JALLEN

You can read the setails here.

Gun free zomes are areas within 1,000’ of a school. In most cases, a concealed weapons permit provides an exemption. You can pick up your kid while carrying but don’t go in the building or onto the grounds, I believe.

No permit? Don’t get stopped within 1,000’ with a gun not unloaded and locked in a case in the trunk or similar.

Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown

March 26, 2018, 11:22 AM

sigcrazy7

Utah’s enabling legislation for their CCW permit authorizes the carry of weapons in all public schools under that provision. Some other states do as well.

_{Demand not that events should happen as you wish; but wish them to happen as they do happen, and you will go on well. -Epictetus}

March 26, 2018, 11:31 AM

jhe888

It appears to be only an exception to the federal Guns Free School Zone Act, as JAllen suggests. You'd have to read each of the statutes in detail to be more definitive.

I doubt it trumps state law on that subject. And we shouldn't really want it to, being the state's rights, limited federal government kind of Federalists that we are. If your state has gun laws you don't like, change them at the state level or make a constitutional challenge. Don't go whining to your Uncle Sugar to override state law, which upsets the balance between the state and federal legislative powers. That will make you no better than a lefty.

The fish is mute, expressionless. The fish doesn't think because the fish knows everything.

March 26, 2018, 12:34 PM

Rey HRH

quote:
Originally posted by JALLEN:

Gun free zomes are areas within 1,000’ of a school. In most cases, a concealed weapons permit provides an exemption. You can pick up your kid while carrying but don’t go in the building or onto the grounds, I believe.

No permit? Don’t get stopped within 1,000’ with a gun not unloaded and locked in a case in the trunk or similar.

Do you remember the California case where a man was arrested for open carry in a laundromat because the laundromat was within 1,000' of a school? I don't remember seeing the completed outcome after the appeal, do you?

"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.

March 26, 2018, 12:41 PM

Balzé Halzé

quote:
Originally posted by sigcrazy7:
Utah’s enabling legislation for their CCW permit authorizes the carry of weapons in all public schools under that provision. Some other states do as well.

Yup. It all comes down to State law.

~Alan

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