School Zone Carry on another state's CHP

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Do you agree with my interpretation of the GFSZA

YES
5
71%
NO
2
29%
 
Total votes: 7

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cwats04
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School Zone Carry on another state's CHP

Post by cwats04 »

figured i would post this incase anyone else has been wondering

if you carry in VA on a permit from another state like i do then the Gun Free School zone act still applies to you

VA law does not make the distinction as to the permits issuing state as you can see below
Under 18.2-308.1, it talks about having a firearm on school property. It says (as an exemption) "The provisions of this section shall not apply to............... (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.
But the Federal law does make that distiction and the BATFE's opinion follows the federal law
18 U.S.C. § 922(q))
A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(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;
link to the BATFE opinion
The law provides certain exceptions to the general ban on possession of firearms in school zones.
One exception is where 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. . .
The law clearly provides that in order to qualify as an exception to the general prohibitions of the Gun-Free School Zones Act, the license must be issued by the State in which the school zone is located or a political
subdivision of that State. A concealed weapons license or permit from any other State would not satisfy the criteria set forth in the law.
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cwats04
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Re: School Zone Carry on another state's CHP

Post by cwats04 »

if you disagree with the interpretation plese post as to why so that everyone may learn.
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cwats04
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Re: School Zone Carry on another state's CHP

Post by cwats04 »

so two people disagree

could you please post your reasoning so that i can learn.
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