Entries in Concelaed Carry (20)

Monday
Mar052012

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.

Wednesday
Jan042012

Avoiding Violations of the Gun Free School Zone Act 

The Gun Free School Zone Act incorporates everything that is wrong with the Federal government today.  A bi-partisan Congress passed both versions of this law and both a GOP and Democrat President signed it into law.

This law makes it federal felony for a person to be in possession of a loaded gun within 1,000 feet of school property, both public and private, from day care centers to high schools. The law does not make an exception for off duty law enforcement officers.  The law does not make an exception for LEOSA carriers.  The law does not make an exception for licensed concealed carry permit holders who are outside of the state their license was issued, even when they are otherwise legally carrying in state that grants them CHL reciprocity. Permit reciprocity, and legal unlicensed carry (found in many states including Texas) does not protect an individual from the federal law.

So how do we avoid violating this law and potentially being arrested and convicted of a five year felony that would ban a person from possession of a firearm for life?  Im not an attorney and Im not going to give legal advise.  But I will offer a common sense opinion on avoiding violating the GFSZA. 

For most citizens, the primary way to avoid violation of GFSZA, is to obtain a concealed carry permit from the state where you reside. If you dont leave that state armed and you dont fire your legally possessed gun on public property within 1,000 feet of a school zone, youre probably not going to violate the GFSZA.  Remember, the second part of the law criminalizes the discharge of firearms in this zone, only exempting on-duty law enforcement, security personnel and people participating in a school program unless the firearm discharged is on private property.

What about LEOSA carry?  The answer is not as simple as for state issued CHL carry.  If you are an active law enforcement officer, I believe your ID grants you to right to carry as this ID is issued by the State or a political subdivision.  This appears to give you the same authority to carry within the state that issued your ID, within 1,000 feet of a school as a CHL.  If you are a retired law enforcement officer, who has qualified in the state you reside and been issued a photo ID card or certificate, by the state, demonstrating the minimum firearms proficiency for establish for peace officers in your resident state, the law is not as clear.

I am a resident of Texas and carry under LEOSA and I am in compliance with GFSZA because the state of Texas (TCLEOSE) has issued me a license to carry concealed when shown with retired credentials, which complies with both federal (LEOSA, GFSZA) and state law. TCLEOSE is not DPS but both are state agencies or a division of the state, and carrying both the TCLEOSE Certificate/ID and a retired law enforcement officer identification, grant me the authority to carry concealed in all U.S. States and territories, including school zones in the state where the permit or license was issued.

GFSZA does allow for carry a gun on school property or within 1,000 feet of the property if it is (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle.  Amazon and your local sporting goods store has numerous containers suitable for storing your firearm for sale.  These are the same TSA containers approved for transporting unloaded firearms in checked baggage. Every firearms owner needs to have one of these in their vehicle. 

FYI GFSZA states, 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.  A prosecutor must prove knowledge to convict an individual of violation of this law. 

From a practical point of view, it appears that Federal prosecutors and law enforcement agencies enforce GFSZA primarily to quell gang activity within the school zones. I have not found a case where an off-duty officer or otherwise legally armed citizen firing in self-defense has ever been prosecuted under this law. But that does not mean it wont happen eventually.  It is a law.

I believe the primary reason prosecution of violators of GFSZA is rare, is because the Department of Justice fears the law is unconstitutional.  And theyre right. The law has not been contested in the Supreme Court and the feds want to keep it that way.

Why GFSZA is unconstitutional will be addressed in my next post.

Sunday
Dec252011

"Life is Good" Merry Christmas 

Life is Good. Merry Christmas. Enjoy the Christmas Story on TBS.

   See you at the Range.


Tuesday
Dec132011

LA Shooting at Hollywood and Vine

Friends and neighbours of a gunman who was shot dead by police as he fired randomly at passing cars on a Hollywood street critically wounding one man say he was deeply troubled by the recent breakup with his girlfriend.

The man wounded Friday when a gunman opened fire at passing vehicles along a downtown street in Hollywood has died, a spokeswoman at Cedars-Sinai Medical Center in Los Angeles said Monday.
John Atterberry died shortly before 5 p.m. Monday, according to Simi Singer, the hospital spokeswoman.
The music-industry executive was shot in the jaw at Sunset Boulevard and Vine Street.

The gunman, 26-year-old Tyler Brehm, went on the rampage that ended with his being fatally shot by police, Los Angeles police spokeswoman Sgt. Mitzi Fierro has said. An amateur video captured the scene of Brehm walking down Sunset Boulevard wielding a handgun and firing at vehicles, seemingly at random. Brehm fired a significant number of rounds, police said.

I don’t know what kind of problem Brehm had, nor do I care. What I do care about is that California and a few other states controlled by radical left wing-nuts have make it virtually impossible for law abiding citizens to carry concealed firearms to defend themselves. What I do care about is the government violating the second amendment rights of we the people.

These kinds of crimes happen more often in California because innocent law abiding citizens are vulnerable to the thousands of armed criminals in the land of the fruits and the nuts.

 

Monday
Oct102011

California Bans Carrying Firearms in Violation of U.S. Constitution

Open Carry has been legal in the State of California since its inception, and there has never been a single case of an Open Carry advocate ever committing a violent crime in the Golden States entire 160-year history. Today Governor Jerry Brown announced that he has signed into law a bill banning the Unloaded Open Carry of handguns, which takes affect on January 1, 2012. 

California is a “May Issue” state for Concealed Carry Weapons permits.  The decision to grant a CCW  Permit being granted (or refused) at the discretion of the County Sheriff or Police Chief. Some sheriffs/chiefs issue on a reasonable basis, others are next to impossible to persuade. Some of them have illegal policies and only issue permits to a privileged few (10 permits issued in all of San Fransisco County).

California Penal Code12050.  (a) (1) (A) The sheriff of a county, upon proof
that the person applying is of good moral character, that good
cause exists for the issuance, and that the person applying
satisfies any one of the conditions specified in subparagraph
(D) and has completed a course of training as described in
subparagraph (E), may issue to that person a license
to carry a pistol, revolver, or other firearm capable of
being concealed upon the person in either one of the 
following formats:
  (i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
  (ii) Where the population of the county is less than
200,000 persons according to the most recent federal
decennial census, a license to carry loaded and exposed in
that county a pistol, revolver, or other firearm capable of
being concealed upon the person.
  (B) The chief or other head of a municipal police
department of any city or city and county, upon proof
that the person applying is of good moral character, that good
cause exists for the issuance, and that the person applying
is a resident of that city and has completed a course of
training as described in subparagraph (E), may issue to that
person a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person in either one of
the following formats:
  (i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
  (ii) Where the population of the county in which the city is
located is less than 200,000 persons according to the most
recent federal decennial census, a license to carry loaded and
exposed in that county a pistol, revolver, or other firearm
capable of being concealed upon the person.

The right to carry a firearm for personal protection is a basic, fundamental, and enumerated civil right that is guaranteed by the United States Constitution, confirmed by the US Supreme Courts twin landmark rulings in both Heller and McDonald

Unloaded Open Carry was cited as an important right in California by two federal judges in recent court decisions. This decision on the part of Governor means that, as of January 1, 2012, the fundamental right to carry a handgun will be denied to law-abiding California residents.

The judges explained that because the state allows people to openly carry unloaded firearms without a permit, any 2nd Amendment right to have a firearm in public was satisfied. If you find yourself in immediate danger, you could load your gun quickly and protect yourself. States may be able to ban people from carrying concealed weapons or prohibit them from carrying them openly, but probably not both.

Absent an open carry law, future courts should not be able to uphold the most severe concealed carry restrictions in the United States, which California now imposes. 

California is what happens when liberal fascists control government.  Brown also signed legislation approving a state version of the DREAM Act; a farm workers rights bill; a law limiting the use of tanning beds for those under 18 years old; and a union-backed bill prohibiting grocery stores from selling beer, wine or liquor using self-checkout lanes.