1000 feet from a school in NC.....

[filthy infidel]

A friend who is new to CCW and I were discussing changes he'd have to make as a carrier. He was asking about schools and got me curious as well.

IIRC here in NC it is a big no no to have a firearm within 1000 feet of a school. That is all well and good, but there are also several schools locally that are well within 1000 feet of major thoroughfares.

What happens should I get pulled on the major road (less than one mile from my house) that stretches perhaps a half mile along a high school) with my legally carried firearm, even if it is locked in the console? Am I expected to change my route to avoid all schools and furthermore know in advance where schools are if I'm travelling?

[HerrGlock]

I'm seeing where it's illegal to have it on school property but cannot find the 1000' rule. Would you mind showing me?

[filthy infidel]

Herrglock I just finished reading the North Carolina DOJ info regarding purchase and carry of firearms and can't find any info either.

I don't recall where I heard the thousand foot rule, perhaps I'm just losing my mind.

[mark72005]

I'm seeing where it's illegal to have it on school property but cannot find the 1000' rule. Would you mind showing me?

There's a federal law... maybe Gun-Free Schools Act of 1994 or followup

[HerrGlock]

There's a federal law... maybe Gun-Free Schools Act of 1994 or followup

That's my guess too, but that does not hold for CCW holders, they're exempt.

[Thx-1138]

In NC, if you're carrying on your permit, you can carry near a school, but not on any of the property they own - not even the parking lot while dropping off or picking up your kids.

Um, there's some question about certain streets in downtown Raleigh that travel through or next to the NC State campus, as to whether they're considered part of the campus or not. I don't want to be the test case.

Also, you have to check your local city ordinances. There is a weak preemption law on the books in NC, but it gives local governments some latitude to regulate OC/CC. Cary, NC, for example, you can't open carry on the street or sidewalks, but you can conceal carry. I'm going to be splitting some hairs on July 4th when I open carry in town - in the car, it's technically concealed carry, so I'm fine as long as I don't get out of my car until I'm in a parking lot. :steamed:

[filthy infidel]

THX I'll be joining you with the OC on Independence day, at least until I start cracking brews and lighting fireworks!

[CowboyKen]

From the "Guide to Nevada Laws Concerning Carry of Firearms" posted by Felid`Maximus at http://opencarry.mywowbb.com/forum36/12253.html


Title 18, Section 922, (Q)
Quote:

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.
This is the main excerpt of the law. There are a few exceptions to the law which, such being on private property, having been licensed to carry a firearm by the state where the school zone is located, or the firearm being unloaded and in a locked case.

Here's the history to this law. In 1990, Congress passed the Gun Free School Zones Act. In 1996, in United States vs. Lopez, the act was considered an unconstitutional extension of the commerce clause and thus was voided. Immediately after that, Congress created a nearly identical law that was the same nearly word for word, but simply modified it, declaring that all firearms have moved in interstate commerce and then declaring that anyone who possesses a firearm that has moved in interstate commerce in a school zone is breaking the law.

Title 18, 921 Definitions determines that a school zone is within 1000 feet of a school.

Likely this federal law is still unconstitutional. As the court has already decided the original was unconstitutional, it is unlikely that Congress made it constitutional by declaring its constitutionality and declaring that it pertains to interstate commerce, as the new law is modified to do. The existence of any actual convictions under the reiteration of the law is unknown to this author, but the penalty for conviction is a severe five year prison sentence and a fine. Probably, if one is unaware of being in a school zone then legal problems will not result. Enforcement of this law is uncertain and if enforced it may be overturned based on its unconstitutionality again.

-----------------------------------------------
Ken

[capnjim01]

I'm in favor of the 1000 foot requirement as long as they make all schools move 1000 feet from all streets. I do have several friends who break the law every day they take their kids to school. I think the law is 1000 foot law is not in effect but may be in committe. I will check and see what I can find.

[Cody Jarrett]

A friend who is new to CCW and I were discussing changes he'd have to make as a carrier. He was asking about schools and got me curious as well.

IIRC here in NC it is a big no no to have a firearm within 1000 feet of a school. That is all well and good, but there are also several schools locally that are well within 1000 feet of major thoroughfares.

What happens should I get pulled on the major road (less than one mile from my house) that stretches perhaps a half mile along a high school) with my legally carried firearm, even if it is locked in the console? Am I expected to change my route to avoid all schools and furthermore know in advance where schools are if I'm travelling?
You're expected to knuckle under and give up your rights. And you kids are expected to hide under the desk while the real perp, who knows nothing or cares nothing about the law shoots at everyone.

[capnjim01]

The only thing I could find was a bill S-8 that expands a "safe zone" from 300 to 1000 feet. This applies more to drug related issues than guns, although they tried to work guns into the orginal law and then revised it. Also they reworded part of the bill that would have included any area that had a play ground, such as a MacDonalds, and changed it to day care and schools. So not being a lawyer I think the 1000 foot rule does not apply to guns.

One thing they did make clear that transfer of less than 5 grams of marijuana(sp) not for money is not a felony. So if some of you legal experts want to go to the Carolina Glocker sites and pull up the sticky on pending legislation and read it and give us a professional opinion please do so.

[NWanner]

I'm in favor of the 1000 foot requirement as long as they make all schools move 1000 feet from all streets. I do have several friends who break the law every day they take their kids to school. I think the law is 1000 foot law is not in effect but may be in committe. I will check and see what I can find.
Er? You need to reference yourself to post #5.

[B-Dog]

These shadow boxing laws make my head spin....

[Fear Night]

I actually live within 1000 feet from a high school ... I wonder how that would work ...

[Fear Night]

I'm in favor of the 1000 foot requirement as long as they make all schools move 1000 feet from all streets. I do have several friends who break the law every day they take their kids to school. I think the law is 1000 foot law is not in effect but may be in committe. I will check and see what I can find.
http://www.youtube.com/watch?v=C0vyxgJLJVA