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View Full Version : Federal Gun Free School Zones Act of 1995


jimisbell
07-31-2011, 11:46 AM
I am new to CC and just recently got my permit from Florida. I live in Texas and travel through out the middle US, Missouri, Nebraska, New Mexico, and the states in between those destinations. All of those states recognize Florida Permits through Reciprocity. But I am concerned about the following paragraph I found on Wikipedia, (I know, that is not a REAL reference) especially as to how it applies to my using the Florida Permit in my home state of Texas. Is this a concern??

"Although carry may be legal under State law in accordance with reciprocity agreements, the Federal Gun Free School Zones Act of 1995 subjects an out-of-state permit holder to federal felony prosecution if they carry a firearm within 1000 feet of any K-12 school's property line. As a result, it is effectively impossible for a permit holder to legally carry in any developed area outside of the State which physically issued their permit."

357 S&W
08-02-2011, 09:14 AM
Interesting, I am surprised it has not been challenged yet. I wonder if local LEO's chose not to enforce this law?
Sounds like a law that needs to be repealed.

Bman505
08-02-2011, 04:10 PM
I did not know this either. So, if you pick your kids up from school, you can not carry a concealed weapon on you or in your vehicle?

jimisbell
08-08-2011, 08:07 AM
I did not know this either. So, if you pick your kids up from school, you can not carry a concealed weapon on you or in your vehicle?

In Texas, technically that is true......IF YOU HAVE, as I do, an out of state CHL. I live in Texas and carry a Florida "non-resident" permit. BUT....Texas law does not restrict your carry in a school parking lot. So in Texas, my home state, I am officially an "out of state" permit. If I would get a Texas CHL I would be OK. According to this Federal law, which applies ONLY to out of state licensees, I am virtually restricted from carrying because in a developed area you are almost always within 1,000 feet of a school of some kind.

BUT.....I think that Texas LE will not attempt to enforce a Federal law and the Feds will probably only use it to attack people they are targeting for other reasons. So, unless my TEA Party leadership is enough to get me on their list, I am probably safe.

BUT.....I dont think its right to have such a law just so the Feds can arrest you when they have no other way to restrict you.

BUT....As a resident of Texas, I CAN carry in my car (Castle Doctrine) as it applies without restriction without license...probably also to out of state residents...I am guessing.

Bman505
08-12-2011, 10:39 AM
I am going to have to research NM laws on this and see how they read.

1966Diamondback
03-27-2012, 06:10 PM
Gun Free School Zone Act
There is an exemption for State issued CCW permit holders in the Federal Law Gun Free School Zone Act of 1995, but it only applies to the actual state that the permit was issued in. For example, if you live in Missouri, and have a Missouri CCW you may legally have your firearm in your vehicle when you drop off your kids at school, but if you then drive to Nebraska which honors Missouri's CCW permits, and travel within 1000' of any school, you are now breaking the law.