Carrying close to school zone?

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


  1. 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.
     

    Wanna kill these ads? We can help!
  2. HerrGlock

    HerrGlock Scouts Out
    CLM

    23,748
    3
    What you are doing is correct.

    http://www.legis.state.wv.us/WVCODE/code.cfm?chap=61&art=7
     

  3. HerrGlock

    HerrGlock Scouts Out
    CLM

    23,748
    3
    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:

     
  4. 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.
     
  5. SCmasterblaster

    Millennium Member

    14,390
    64
    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.
     
  6. IndyGunFreak

    IndyGunFreak KO Windows

    24,645
    114
    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.. :)

    IGF
     
  7. ^ What this dude said.
     
  8. Clutch Cargo

    Clutch Cargo Amsterdam Haze

    1,050
    0
    Armed while IN aschool building or facility is illegal in Texas. Waiting armed in the parking lot is just fine.
     

  9. 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.
     
    #51 blk69stang, Dec 14, 2011
    Last edited: Dec 14, 2011
  10. 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.
     
  11. Lord

    Lord Senior Member

    1,202
    24
    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.
     
  12. 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.
     

Loading...

Share This Page

Duty Gear at CopsPlus