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Old 12-12-2011, 12:20   #41
dabigguns357
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I,ve been confused about our School zone gun laws here in West Virginia since i had my carry permit.I've read and reread the law but don't get it.

Every time i have to pick up my 13 year old i unload my gun and lock it away even if i'm sitting outside waiting on him.
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Old 12-12-2011, 12:54   #42
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Quote:
Originally Posted by dabigguns357 View Post
I,ve been confused about our School zone gun laws here in West Virginia since i had my carry permit.I've read and reread the law but don't get it.

Every time i have to pick up my 13 year old i unload my gun and lock it away even if i'm sitting outside waiting on him.
What you are doing is correct.

http://www.legis.state.wv.us/WVCODE/...?chap=61&art=7
Quote:
(b) (1) It shall be unlawful for any person to possess any firearm or any other deadly weapon on any school bus as defined in section one, article one, chapter seventeen-a of this code, or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted or at any school-sponsored function.

(2) This subsection shall not apply to:

(A) A law-enforcement officer acting in his or her official capacity;

(B) A person specifically authorized by the board of education of the county or principal of the school where the property is located to conduct programs with valid educational purposes;

(C) A person who, as otherwise permitted by the provisions of this article, possesses an unloaded firearm or deadly weapon in a motor vehicle, or leaves an unloaded firearm or deadly weapon in a locked motor vehicle;

(D) Programs or raffles conducted with the approval of the county board of education or school which include the display of unloaded firearms; or

(E) The official mascot of West Virginia University, commonly known as "The Mountaineer", acting in his or her official capacity.

(3) Any person violating this subsection shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary of this state for a definite term of years of not less than two years nor more than ten years, or fined not more than five thousand dollars, or both.
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Old 12-12-2011, 13:47   #43
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Originally Posted by HerrGlock View Post

I knew i i was right,thanks.I hate it too.
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Old 12-13-2011, 08:02   #44
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Originally Posted by HerrGlock View Post
So, off-duty LEOs can't carry on school property?
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Old 12-13-2011, 08:26   #45
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Quote:
Originally Posted by automan View Post
So, off-duty LEOs can't carry on school property?
You might want to actually read the statute rather than make assumptions. The previous poster was not asking about that so I did not copy that part. Read the whole thing:

Quote:
61-7-6. Exceptions as to prohibitions against carrying concealed deadly weapons.
The licensure provisions set forth in this article do not apply to:
(...)
(3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;
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Old 12-13-2011, 10:16   #46
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Originally Posted by automan View Post
So, off-duty LEOs can't carry on school property?
If state law prohibited LEOs from carrying on school property the Law Enforcement Officer Safety Act (LEOSA) would allow them to be on school property provided they're licensed by the state which the school is located.
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Old 12-13-2011, 11:04   #47
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It is true that most city-dwellers cannot drive to the grocery store without driving by a school. Here in Hartford, VT it is impossible to drive in the town without passing by a school. Now every state has laws against murder and manslaughter. Is this not enough to keep mass murderers away from schools?

I am about to go to a high school basketball game. I'll have my very-concealed G17 with me. It won't come out in any way unless someone starts shooting at innocent persons. This may be illegal, but not improper in my eyes.
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Old 12-13-2011, 11:53   #48
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Quote:
Originally Posted by TheFireArmorer View Post
I live in Nashville, Indiana which is a fairly popular tourist town. It is a small place with many unique touristy shops. In this town there are 3 schools and the school property is within a 1000 feet of the main streets. The gas station I normally go to is directly outside of the school property.

I have my carry permit and carry everyday. What I've been wondering is whether or not it is permissible to be in possession of a firearm that close to school property. I need to go to Town Hall and ask an officer, but in the meantime I wanted to ask what you guys think.

The way the town is set up it's almost impossible not be close to school property while traveling through.
I love Nashville.. I take my Dog to Bean Blossom all the time.

as xmanhockey said, you should be fine, since you have a carry permit. I live right across the street from a school.

SCMaster... not saying I disagree, but you might want to re-read GT Rules about discussing illegal activity..

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Old 12-13-2011, 18:11   #49
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Originally Posted by IndyGunFreak View Post
I love Nashville.. I take my Dog to Bean Blossom all the time.

as xmanhockey said, you should be fine, since you have a carry permit. I live right across the street from a school.

SCMaster... not saying I disagree, but you might want to re-read GT Rules about discussing illegal activity..

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^ What this dude said.
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Old 12-14-2011, 14:08   #50
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Originally Posted by TexanRon View Post
Can only speak for Texas, but, driving through a schoolzone is no problem, i.e., going from point "A" to "B", without stopping. It is the being on the school property that is prohibited. YMMV.
Armed while IN aschool building or facility is illegal in Texas. Waiting armed in the parking lot is just fine.
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Old 12-14-2011, 14:35   #51
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Quote:
Originally Posted by xmanhockey7 View Post
If state law prohibited LEOs from carrying on school property the Law Enforcement Officer Safety Act (LEOSA) would allow them to be on school property provided they're licensed by the state which the school is located.

WRONG.

LEOSA does not constitute an exception to the GFSZA. The only way anyone (including off-duty LEOs) can be exempt from the GFSZA is with the few listed exceptions:

Quote:
(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.
The exceptions to the GFSZA that are pertinent here are Section (ii) that states you're exempt if you have a permit from the State where the school is located, and Section (vi) that exempts LEOs acting in an official capacity.

There are no exceptions for the LEOSA. The text of LEOSA also does not have any provisions for it to exempt the LEO from the GFSZA. This is a known hole in LEOSA, and several congressmen are addressing the issue, but as of RIGHT NOW, LEOSA DOES NOT EXEMPT ANYONE FROM THE GFSZA.

The legal wording of section (vi) of the GFSZA even goes so far as to say "acting in an official capacity". Note that it doesn't say "on duty". So technically, an LEO could be charged even if he was on duty but not acting in an official capacity. Example would be an on-duty cop stopping by the school to drop off lunch for his teacher-wife, or an on-duty cop stopping by school to pick up his sick kid. These visits may in fact be happening while "on duty", but they are certainly not "in an official capacity", as they are obviously personal business.

This is not to say that it's GOING TO HAPPEN this way, and that cops are going to suddenly start getting arrested for such examples. I'm just saying that as the law is written, there are plenty of LEOs who are in-fact violating the GFSZA without knowing it, and are potentially exposing themselves to being charged with violating it. The GFSZA is legally too-vague, and has some major issues with it. The poster-child of flawed legislation.

Food for thought.

Last edited by blk69stang; 12-14-2011 at 14:36..
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Old 12-14-2011, 16:10   #52
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Quote:
Originally Posted by blk69stang View Post
WRONG.

LEOSA does not constitute an exception to the GFSZA. The only way anyone (including off-duty LEOs) can be exempt from the GFSZA is with the few listed exceptions:



The exceptions to the GFSZA that are pertinent here are Section (ii) that states you're exempt if you have a permit from the State where the school is located, and Section (vi) that exempts LEOs acting in an official capacity.

There are no exceptions for the LEOSA. The text of LEOSA also does not have any provisions for it to exempt the LEO from the GFSZA. This is a known hole in LEOSA, and several congressmen are addressing the issue, but as of RIGHT NOW, LEOSA DOES NOT EXEMPT ANYONE FROM THE GFSZA.

The legal wording of section (vi) of the GFSZA even goes so far as to say "acting in an official capacity". Note that it doesn't say "on duty". So technically, an LEO could be charged even if he was on duty but not acting in an official capacity. Example would be an on-duty cop stopping by the school to drop off lunch for his teacher-wife, or an on-duty cop stopping by school to pick up his sick kid. These visits may in fact be happening while "on duty", but they are certainly not "in an official capacity", as they are obviously personal business.

This is not to say that it's GOING TO HAPPEN this way, and that cops are going to suddenly start getting arrested for such examples. I'm just saying that as the law is written, there are plenty of LEOs who are in-fact violating the GFSZA without knowing it, and are potentially exposing themselves to being charged with violating it. The GFSZA is legally too-vague, and has some major issues with it. The poster-child of flawed legislation.

Food for thought.
Hmm after rereading the GFSZA it not only includes within 1,000 feet of the school but also actual school grounds. I was thinking the state permit would allow them to be within 1,000 feet but you are correct that they could not be on or within 1,000 feet without a license.
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Old 12-14-2011, 22:58   #53
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Originally Posted by Ghost46 View Post
I thought if you had a CHL in Texas you could legally carry on school property just not inside the school itself?
As far as the parking lot. Consider that the playgrounds, lunch grounds, picnic tables, I believe are considered the 'premises' and the premises are non carry zones.
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Old 12-15-2011, 09:37   #54
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Originally Posted by TheFireArmorer View Post
I live in Nashville, Indiana
In the fine state of Indiana you may have your gun on you if you do not leave your vehicle while on school property.
You cannot carry it into the school.
I checked and saved you the effort.
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