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Carrying close to school zone?

Discussion in 'Carry Issues' started by TheFireArmorer, Dec 8, 2011.


  1. TheFireArmorer

    TheFireArmorer
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    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.
     

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    #1 TheFireArmorer, Dec 8, 2011
    Last edited: Dec 8, 2011
  2. TexanRon

    TexanRon
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    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.
     

  3. ViennaGambit

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    Honestly, I think it will come down to the officer...

    I know here in AZ, TECHNICALLY you cannot be within 1,000 feet which includes driving by - schools are everywhere so it is almost impossible to drive through the valley and not be in violation every few miles...

    This is a major argument for getting your CCW in AZ as it allows, you just cannot carry on school property.
     
  4. xmanhockey7

    xmanhockey7
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    No. The only law that would even come into play is the Gun Free School Zone Act (GFSZA) of 1995. But since you have a carry permit issued by the state of Indiana and you had to go a background check to get the permit you are exempt from the GFSZA. Now if you drive north to any other state every time you come within 1,000 feet of a school you are violating federal law unless you have a licensed issued by the state your in.
     
  5. Leigh

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    What Ron said, and please check your OWN state's law.

    In Kentucky, I can legally drop off little Johnny at school while CCW as long as I remain INSIDE my vehicle and do not brandish said weapon.

    However, one step OUTSIDE of my vehicle (while ON school property) and armed, I have broken the law.
     
  6. EAJuggalo

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    xman, will you post where it specifies that out of state permits are not included in the exception to the GFSZA? My understanding as well as more than a few lawyers is that if you can legally carry in the locality you are in that you are not under the jurisdiction of the GFSZA.

    OP, you are fine as long as you have a valid Indiana License. I would still check the Indiana Code because it may list that the property is fine as well, just not in the building.
     
  7. xmanhockey7

    xmanhockey7
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    This is from the BATFE when someone inquired about whether if a state honors a permit you have if that exempts you from the GFSZA. This is the reply he got.

    http://www.handgunlaw.us/documents/batf_school_zone.pdf
    If you read the exemption to the law it is fairly clear that you must a permit issued by the state which the school zone is in. So a non-resident Utah permit would only cover you in Utah.
     
  8. EAJuggalo

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    I saw your post about it and replied in the other thread.
     
  9. xmanhockey7

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    I saw your post in the other thread and I replied :). Wanna just talk about it here to simplify it? haha
     
  10. EAJuggalo

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    I have to trust the cop, he's family. I've also got a few feelers out to some others who would have an idea what the reality of it is. My guess is it's one of those things that they throw at you when they're piling on federal charges. I'd also be curious since it's never been decided at the appellate level or above how that would fair.
     
  11. Merkavaboy

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    CA permit holders are exempt from any Gun Free School Zones. We can even carry on school grounds K-12 and colleges/universities.
     
  12. xmanhockey7

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    Yeah I hear if you're able to get a CA permit some of the laws really aren't that bad.
     
  13. xmanhockey7

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    I should also point that, according to the law, you must knowingly be within 1,000 feet of a school. So that does give you some wiggle room.
     
  14. Warp

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    That is the cruel catch of may issue. Since they can (and often do) say NO to a lot of people for no reason at all (simply because said applicant is not politically connected, rich or famous) the off limits locations list is pretty short. They wouldn't want to put all of those silly burdons on the elite few who can get a license
     
  15. Lord

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    In TX you can carry in a school zone, near a school zone and what have you. there is no restriction of a school "zone". You can even park in a school parking lot, and leave the gun in the car and go into the school. the only place prohibited, is on the "premises" of the school... buildings etc. This was done to allow for parents who carry, to be able to drop kids off and pick them up, or attend school events without having to park down the street to do so.

    That "within the 1000 feet" thing is a bit ridiculous. I know of many residences and other places that are well within 1000 ft of schools etc, and with the sheer number of schools in some areas (K-12) you'd be in a constant state of breaking the law.
     
  16. xmanhockey7

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    It is ridiculous just like all other gun control laws. There are other exemptions than the one I have shown. One is for private property.
    Here are the other exemptions (not including the one for CCW holders):
    Notice how under vi the officer must be acting in an official capacity. A police officer who does not have a CCW from the state which the school zone is located and who is within 1,000 not there on official capacity is in violation. A cop dropper their kid off at school is not acting in an official capacity even if they're just dropping the kid off before they go to work.
     
  17. Quarter Tank

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    Can an off duty cop ccw or open carry in or on school property?
     
  18. HerrGlock

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    This is one of the exceptions:

    (vi) by a law enforcement officer acting in his or her official capacity;

    You can bet that off duty is acting within official capacity. Doubly if the department has a mandate thou shalt carry both on and off duty.
     
  19. Sippo

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    Ditto that
     
    #19 Sippo, Dec 9, 2011
    Last edited: Dec 9, 2011
  20. Dr.Crash

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    They are starting to say yes to more people. Last year they approved over double the permits than the previous year. What really bothers me is that the people they are stoping from carrying are the law abiding citizens. the bad guys are still going to carry anyway.