Originally Posted by xmanhockey7
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.
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:
(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.