Gun Talk Misinformation Concerning the GFSZA
Tom Greshams Gun Talk®, is the only nationally syndicated radio talk show about firearms, shooting and gun rights. There are many excellent podcasts on firearms, shooting and Second Amendment civil rights but Gun Talk® is in my opinion the most well known weekly firearms program in the United States.
I regularly listen to Tom Greshams Gun Talk® and enjoy the show. Tom is an asset to the firearms community and a strong Second Amendment civil rights supporter.
Yesterday a gentleman from Texas called in about the the Gun Free School Zone Act ( GFSZA ). The caller correctly stated that under federal law a resident of Texas with a valid Concealed Handgun License (CHL) was exempt from the 1,000 feet rule, while in Texas. The caller attempted to explain that over 30 states reciprocate Texas CHL and allow carry in their states but Texas CHL holders are not exempt from the provisions of carrying a firearm within 1,000 feet of a school in any state but their home state of Texas.
Gresham interrupted the caller to tell him that he was wrong. Tom told the caller the State of Louisiana allowed Texas CHL holders to carry a concealed firearm on school property. Gresham then began to lecture the caller about the different gun laws in all the states and reminded the caller not to make blanket statements because there so many different laws and exemptions in the 50 states and District of Columbia.
The caller was correct. Tom may be right about the state of Lousiana gun free school zone law but hes wrong about GFSZA, which is a FEDERAL LAW enforced by the feds not the states. If you were listening to Tom Greshams Gun Talk® yesterday and follow Toms advise, you will be in violation of the GFSZA and could be indicted, and if convicted, receive 5 years in prison and lose gun possession rights for life.
Reciprocity Agreements Between States Do Not Qualify as GFSZA Exception
Although the Federal GFSZA does provide an exception for an individual licensed to carry a firearm, this exception only applies in the State that physically issued the permit. Forty-nine (49) States have provisions to issue concealed carry permits to citizens. Only the state of Illinois and the District of Columbia are in 100% violation of your inalienable right to bear arms, which is a civil right guaranteed by the Second Amendment.
Most of these States also enter into reciprocity agreements with other States where each State agrees to recognize the others concealed carry permits, just as they recognize an out-of-state drivers license. Because the Federal GFSZA requires the permit be issued by the State in which the school zone is in, it is effectively impossible for a permit holder to travel outside their State of issuance to a reciprocating State without violating the Federal GFSZA.
By the way, Off-duty LEOSA Qualified Police Officers are not exempt and can only legally carry in their home state, which qualified them for LEOSA.
The Law Enforcement Officers Safety Act (LEOSA) which was intended to give qualified law enforcement officers the protection of carrying nation-wide does not provide any exceptions to Federal Law. Although the GFSZA does provide an exception for a law-enforcement officer performing their official duties, it does not provide any protection for an off-duty officer. An off-duty LEOSA qualified officer is in violation if he/she knowingly travels within one-thousand (1000) feet of any K-12 school while armed unless he has a valid carry license issued by the state, where he is violationg the 1,000 feet rule.
Keep in mind that GFSZA Prohibits Discharging Firearm in Self-Defense within the GFSZA with few exceptions.
Although the GFSZA allows a citizen to discharge a firearm on private property, it prohibits discharge on public property in the Gun Free Zones by anyone except on-duty law enforcement and school security. A carry permit never exempts an individual from the GFSZA discharge restrictions, even in the State that physically issued it.
KNOW THE GFSZA!
The Gun Free School Zones Act states:
(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.
(3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.
Title 18 U.S.C. §921(25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. (26) The term “school” means a school which provides elementary or secondary education, as determined under State law.
Title 18 U.S.C Section 924(a) establishes the penalty for violating GFSZA:
Whoever violates the Act shall be fined not more than $5,000, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law.
Note: A conviction under the GFSZA will cause an individual to become a prohibited person under the Gun Control Act of 1968. This will bar them from legally owning firearms for the rest of their life.
Most states allow some form of unlicensed carry by law-abiding citizens. . The Federal GFSZA deters unlicensed carry by making it a federal crime for an unlicensed individual to travel into a Gun Free School Zone. The large number of K-12 schools in developed areas makes it difficult for an individual to travel any distance without entering a Gun Free School Zone.
On July 21, 2011 US Representative Ron Paul introduced HR 2613. A Bill which would repeal the Federal Gun Free School Zones Act. The bill is currently in the House Judiciary Committee and has zero chance of being passed by Congress and signed by the current President.
I was just notified by Tom that he made a mistake and issued this correction via a special bonus podcast http://guntalk.libsyn.com/webpage/corrections-school-zones-and-concealed-carrying