Delta4Embassy
Gold Member
Skimming the laws about within 1000 feet of schools, I'm wondering if non-school gun free zones are lawfully gun-free BECAUSE they're in that 1000 foot radius, and not additional law(s).
"The Federal Gun Free School Zones Act limits where a person may legally carry a firearm by generally prohibiting carry within one-thousand (1000) feet of the property-line of any K-12 school in the nation with private property excluded.[64] A State-issued permit to carry may exempt a person from this restriction depending on the laws of the State, and most issuing States qualify for this exception. However, according to BATFE the exception in Federal law is only applicable to permit holders while in the State that physically issued their permit, and does not exempt people with out-of-state permits, even when their permit is recognized through State reciprocity agreements. BATFE letter explaining reciprocity of CCW permit holders and how it applies to Gun-Free School Zones.
In a 1995 Supreme Court case, the Act was declared unconstitutional. "The Court today properly concludes that the Commerce Clause does not grant Congress the authority to prohibit gun possession within 1,000 feet of a school, as it attempted to do in the Gun-Free School Zones Act of 1990, Pub. L. 101-647, 104 Stat. 4844." [65]
The law was reenacted in the slightly different form, in 1996."
Most locations in your average town are likely going to be within a 1000 foot radius of some school. But for those that aren't, what law are they using that allows them to claim gun-free location?
"The Federal Gun Free School Zones Act limits where a person may legally carry a firearm by generally prohibiting carry within one-thousand (1000) feet of the property-line of any K-12 school in the nation with private property excluded.[64] A State-issued permit to carry may exempt a person from this restriction depending on the laws of the State, and most issuing States qualify for this exception. However, according to BATFE the exception in Federal law is only applicable to permit holders while in the State that physically issued their permit, and does not exempt people with out-of-state permits, even when their permit is recognized through State reciprocity agreements. BATFE letter explaining reciprocity of CCW permit holders and how it applies to Gun-Free School Zones.
In a 1995 Supreme Court case, the Act was declared unconstitutional. "The Court today properly concludes that the Commerce Clause does not grant Congress the authority to prohibit gun possession within 1,000 feet of a school, as it attempted to do in the Gun-Free School Zones Act of 1990, Pub. L. 101-647, 104 Stat. 4844." [65]
The law was reenacted in the slightly different form, in 1996."
Most locations in your average town are likely going to be within a 1000 foot radius of some school. But for those that aren't, what law are they using that allows them to claim gun-free location?
