Open Carry Specific > OC Questions
Schools
KelticKowboy:
I am aware that I cannot go onto school proverty OC'ing without a CPL but are there any federal laws about being a certain distance to a school with a gun?
hamaneggs:
I read that was eliminated some time back.Don't have the particulars at this time.Maybe someone will see this and provide em.Or you can go on OCDO where I saw the info.Thats where I'm goin.
SpringerXDacp:
--- Quote from: KelticKowboy on April 14, 2010, 05:06:03 PM ---I am aware that I cannot go onto school proverty OC'ing without a CPL but are there any federal laws about being a certain distance to a school with a gun?
--- End quote ---
No, as a Michigan resident you became "Licensed" (MCL 28.422) when you obtained your License To Purchase (LTP) and registered your pistol(s). See Subparagraph (B), (i) and (ii).
18U.S.C. § 922q
(2)
(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;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
KelticKowboy:
--- Quote from: SpringerXDacp on April 14, 2010, 11:55:00 PM ---
--- Quote from: KelticKowboy on April 14, 2010, 05:06:03 PM ---I am aware that I cannot go onto school proverty OC'ing without a CPL but are there any federal laws about being a certain distance to a school with a gun?
--- End quote ---
No, as a Michigan resident you became "Licensed" (MCL 28.422) when you obtained your License To Purchase (LTP) and registered your pistol(s). See Subparagraph (B), (i) and (ii).
18U.S.C. § 922q
(2)
(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;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
--- End quote ---
So we are allowed to OC on school grounds and it does not matter whether I have a CPL or not when I OC in this case?
SpringerXDacp:
No. Your OP was in regards to distance from a school zone and you already knew that you could not OC on the property without a CPL. If you have a CPL you can be any distance from a school zone to include being on school property if you OC. 18 USC, Sec922q, I posted is to demonstrate that the GFSZ does not include residents of the state (Michigan in this case) where the school zone is located.
Your CPL is your "License" in Michigan. If you do not have a CPL you must obtain a LTP to purchase a handgun in Michigan. Your LTP (28.422) is your "License" if you don't have a CPL.
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