Gun in a School Zone [Legally Carrying]

School Zones are one of the main reasons I went through the process to get my LTC in Texas. I live in a school zone, and also have kids that go to several different schools. On top of that there are many others protections, and places you can go when you have your LTC. Truly appreciate these videos.

Is a homeschool considered a school zone by state and/or federal law? I mean something as basic as parents homeschooling their own children at their own home, and then anything beyond that but still homeschooling.

#7 exception only applies if your state says so. If you have a Texas ccw and your state doesn't list ccw as being exempt then you are in violation.
In California PC 626.9 used to include ccw as exempt but in the wisdom of our state legislature and governor, SB707 was enacted in 2015. They still allowed ccw exception for being within 1000 feet but not able to carry on campus.
This was a solution without a problem

according to texas section 411.2031 (b) A license holder may carry a concealed handgun on or about the license holder’s person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state.
section (d) and (d-1) refer to establishing reasonable rules for safety and storage on campus. ( this seems to have changed since I visited my son at private university in Longview several years back, then private universities could opt out.

Ok I have a California CCW and live in California.
Am I breaking the law while carrying concealed and driving past a school?
Am I allowed to carry concealed on school property waiting for a student to get out of school?

This answered the questions I posted in another of your videos... thanks!!

Just to be CLEAR, if I have a LTC in Texas I can enter/ walk around the school grounds, but not the school building ?

Does exemption #7 apply to CA?

Question, so under federal law, how does this apply to constitutional Carry States and Carring in states where your permit has reciprocity due to agreements between your state and that of the state your traveling in.

Need to clarify what unloaded means. Most firearm carriers have a different opinion on unloaded than this law. The law requires the mag and ammo to be inaccessible to all occupants of the vehicle. That's challenging in a pickup.

So if i have ltc in texas i can be within 1000 of school but not inside ? I am confused. Thank you

Could you be hit with a federal crime if you have a LTC from a state which doesn’t allow carry in school zones, and you break that state law while having your LTC?

Dear Armed Attorneys.
I live in Montana where it is legal for ANY Montana resident legal to own firearms is able to conceal carry without a permit!! 😎👍🏻👍🏻👍🏻Thank you Governor Gianforte for making that possible!!!
My question is, is it legal for us to use the main roads that go right along or thru the school zones while we are carrying our firearms??

I have a CCW from my state to carry a concealed handgun. Does that allow me to carry a rifle in my car through a school zone? I don't need a permit for a rifle nor are any issued. Thus, I am not licensed for the rifle.

So if your driving on the highway doing 70 MPH and school zone is 800 feet from highway are you breaking the law, makes no sense, what about if its summer time and school is out, constitutional carry doesnt work cause schools are everywhere

You can possess a firearm in your owned (how about rented) home within a 1000 feet of a school. How do you get the weapon to and from your house assuming you don't have a state issued carry permit.

These laws are unconstitutional. This is about as "infringed" as you can get. I live about two blocks from a school. I drive by several schools on the way to work. Some schools aren't even marked, like small Montessori schools that are often just in a regular house so there really is no way to know you are within 1,000 feet of a school. That's basically 1/5 of a mile! "Shall not be infringed... except here... oh, and over there. Nope, can't carry there either." That is why I am so skeptical of these "self-defense" insurance programs, like with USCCA as they all require that you are "where you are allowed to be" or they will not defend you. That means if you are within 1,000 feet of a school... Sorry... they won't defend you. Oh, you were dropping a letter in the dropbox at the Post Office? Sorry... Federal property... you can't carry there, so no defense. These laws are illegal and should be treated as such.

Are LOCKED soft rifle bags applicable here?

So in AZ, if you are a valid CCW you can bring it in the car inside school zone/grounds, but must stay in the car locked up if you decide to exit your vehicle? That's kinda how i understand it!! Thanks

No one that I listen to mentions driving through a school zone in a car without a trunk, an SUV or a Jeep. If my layman’s understanding is correct, without a CWL, each gun must be unloaded in its own locked gun box. The ammo and any filled magazines must also be in a dedicated locked container. And, these boxes must be as great a distance from the passengers as possible. I believe with a Florida CWL, in a Florida school zone, the guns must be securely encased, or not readily accessible, but for a carry gun which may be concealed. And, we may carry as many guns as we choose securely encased or not accessible, concealed, and lock free, through the zone. It is actually the latter case that confuses me a bit as I drive to the shooting range.

Thanks for the video! I do have a few questions. First if I travel from Texas where I have my LTC in to New Mexico (where they honor Texas LTC) where my parents live and pass through school zones and within 1000 feet of a school does my LTC still have protection? Second with my job I at times work near schools or like today must go on school grounds but not in the building to do work. If I leave my firearm in the car locked up when I proceed on the school grounds and I in the clear?

So, in your 7 exceptions of your list, you mentioned in exception-1, being on or within private property. Does the exception state that the private-property has to be stationary? If not, your personal vehicle is a type of private property, though mobile and within 1000-feet. So long as it's not removed from your private property, fixed or mobile, would that qualify?

What if you are on vacation with the license and the state honors the license (reciprociry map)?

Can you guys do a video on what protections you might lose in a self defense case occuring in a private property gun free zone?

i.e. private business, a private residence with postings, etc.

I believe in one video you mentioned you might lose your "stand your ground" protection in a state that offers that. What effect does losing that protection have in your defense case?

I live in TX, am licensed & deliver for food services. I understand TX law allows on property for licensed carriers but not on premises. Usually when delivering to schools the teachers or student will meet me outside but occasionally will have a drop off point for food deliveries just inside the front door. One day as I walked in to deliver to the front office was met with metal detectors. I almost freaked but then saw a door to the side to the office so was able to slip in there. Whew! Guess I should leave in console more for those, huh?

So if have an out-of-state license to carry, and you get pulled over for speeding in a school zone while carrying, you can be prosecuted for violating this law? Or does the car could as "personal property" in that example?

I live in Arkansas and travel to Texas, which recognizes my Arkansas CHL. Am I in violation of school zone law in Texas?

Why are there laws against the law abiding?

Get your conceal carry. Jurys love that.

Defeat the algorithmic.

As a kid, early 80's, in high school; it was not uncommon to see many pickup trucks with rear window gun racks stacked with shotguns and/or rifles parked in the school parking lot. These trucks were driven by my classmates and some teachers. That was the good ol' days in a small town in Missouri.

Schools are everywhere in this nation. Hard to see how anyone could conceal carry without violating this law. I question whether this could be Constitutional.

Thank you for this information..

Is a school zone a school zone 24/7?

Meaning after 6p, 7p, 8p, etc, is it still considered a school and I'm not able to carry?

Likewise during summer, when there no summer school.

If you can't carry a gun at school then the school assumes responsibility for your safety right? So why haven't schools been sued for wrongful deaths ?

On the first one wouldn't your vehicle be considered private property?

Killing Zones 😠

What about L.E.O.S.A. with current annual quals?

I am sure that you are aware of United States v Lopez,1995, in which the Supreme Court ruled 5-4 that the GFSZA of 1990 was Unconstitutional because the Congress had exceeded its authority under the commerce clause of the Constitution. The law was then amended at the urging of Janet Reno to pertain only to guns affected by interstate or foreign commerce. In other words, basically all guns. So, after being found unconstitutional, the law was patched up so that it says basically the same thing it said originally, but without the basis on which the SCOTUS found it unconstitutional. Anyway, the amendment to the law was incorporated into the Omnibus Consolidated Appropriations Act of 1997 and signed into law by Bill Clinton on 30 September, 1996. The amended law was tested in the 9th Circuit Court of Appeals (Yeah, I know, doom and poison to any gun case!) in U.S. v. Dorsey in 2005 and found Constitutional. SCOTUS declined review, and so allowed the 9th Circuit's decision, and the law, to stand. At least for now.

Now just to refresh, 18 USC 922(a)(2)(A) says:
"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."

Clearly, if the individual does not know or have reasonable cause to believe that he or she is crossing one of those invisible and unmarked magic 1000 foot perimeter zones, by the letter of the law, he or she is not in violation. That is sort of common sense and a fine upstanding looking citizen neatly dressed and groomed with all the right stuff, isn't going to be arrested as a stranger innocently passing through. For someone a bit more scruffy and marginal looking, perhaps with a few arrests, an arrest for 922(a)(2)(A) is probably forthcoming if the nice officer discovers somehow that the subject has a loaded and unsecured firearm. So then it is in the DA's hands, right? Pretty shaky law and I think maybe a lot of prosecutors don't really want it to come under fierce scrutiny, and might be inclined to decline.

But another wrinkle is the "has moved in or that otherwise affects interstate or foreign commerce" phrase. What about a firearm that has NOT moved in or otherwise affects interstate or foreign commerce? Let's say I build a 1911 from an 80% frame. Clearly, the 80% frame, though not yet a firearm, most likely moved in interstate commerce, as well as all the parts that I add to the frame after machining it into its final form. However, at the time of movement through interstate commerce, it was NOT a firearm. Kinda weak argument? Maybe. But consider this...

What if instead of completing an 80% frame and adding slide, barrel, and all the other bits and bobs, I started with a block of 6061-T6 Aluminum and milled out a frame from raw material, and made barrel from a piece of 4140 and all the small parts from 1095, not using ANY manufactured parts that crossed state lines. Since there are no steel mills in my state of Louisiana that I know of, and if there were they would be using imported iron ore and other minerals, would THAT be affecting interstate commerce?

And then, let's say I literally melted down 50 lbs of old beer cans and machined the frame from that, and made all the parts from junk or salvaged steel, case hardening as needed, so using nothing but literal rubbish to make a gun. Would THAT avoid the interstate commerce thing?

I would hate to have to actually pan a stream in the northern part of the state for black sand and make bloomery iron, and make steel from that, but no way in hell could that be connected to interstate commerce. Even the energy used would be produced in-state.

Clearly a gun never having moved in interstate commerce and not affecting interstate commerce would be exempt from this dumbass law, but how far removed would one have to make it from interstate commerce, to stand up in court? I suspect that this might be one of those "you can have all the justice you can afford" things. What are your thoughts, with the understanding that I am not regarding this as legal advice and have no concrete plans at the moment to make a beer can based or black sand based 1911 any time soon.

What about H.R. 218 retired LEO?

What about states with permitless concealed carry?

This law was passed in 1995: Columbine was in 1999 then there is Sandy hook, Parkland, nice to see this commonsense gun law protected these children.

So if you didn't have a license you'd have to somehow avoid driving within 1000' of a school to conceal carry? (Assuming you're keeping it ready for use)

REMOVE THE FED GUN FREE SCHOOL ZONE.

Not all schools are gun free zones so if you have a license to carry you can carry up to the door just can't go in

As unconstitutional laws go this is a biggie.

We need self defense to be so complicated, that it is impossible.

Who enforces this, the USMS? Do US Attorneys often pick up these cases?

The original law was declared unconstitutional. This law was rewritten to comply with the court order.

Does the carry license/permit exception apply inside the school building as well, or just the property and 1000 ft. zone?