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Entries in GFSZA (9)


Progressive Hypocrite Arrested for Carrying Gun into a School

A Buffalo, N.Y. Bloomberg disciple, well known locally for pushing for a highly restrictive 2013 gun control law has been arrested for — wait for it — carrying a gun illegally at a public elementary school.

Ferguson, the leader of the extremist anti-gun group MAD DADS, was the cause of a lockdown of Harvey Austin Elementary, in Buffalo, New York.The arrested gun-control advocate, Dwayne Ferguson, caused quite a scene at Harvey Austin Elementary School, reports local CBS affiliate WIVB.

Dwayne Ferguson spent more than a decade advocating for nonviolence and peace in the streets of Buffalo.

He was a well-known face in the movement for the SAFE Act, the state law that made carrying a gun on school property a felony. He was also a familiar presence in the hallways of the city’s Harvey Austin Elementary School, where he worked in the after-school program and mentored students.

At about 4:15 p.m. on Thursday, police acted on a pair of anonymous 911 tips. A battalion of cops quickly swarmed the school. The brigade included over a dozen squad cars, the SWAT team and K9 units. The Erie County Sheriff’s Air One helicopter and what appears to be an armored vehicle also turned up.

The school was immediately placed on lockdown. Parts of two streets were closed.

About 60 students who were still on campus participating in after-school activities were funneled to the cafeteria.

Cops searched the school room by room and would not let parents on campus until they were satisfied that no shooting threat existed.

Ferguson, 52, told WGRZ-TV that he frequently carries the gun, for which he has a permit, and did not realize he had it on him when he went to the school as part of the mentoring program.

Those who have worked with him also said they believe it was an honest mistake.

“I’m sure Dwayne went into the school not thinking he had the gun on him,” said Rev. James E. Giles, a friend of Ferguson and president of Back to Basics Outreach Ministries. “We know this for a fact, that he called out to a Buffalo police lieutenant asking why the school was in lockdown, and that they were looking for a man with a gun.

“Dwayne’s reaction was to get his kids – he had about 50 of them – and make sure they were safe,” Giles explained. “He led them into the cafeteria and closed the doors.”

Fergunson has a concealed carry license but the license does not matter under the strict state law he helped pass!


ATF Says that Millions of Americans are Violating the Gun Free School Zone Act 

We wrote about the federal Gun Free School Zone Act (GFSZA) in 2011 and in 2012.  Recently, Grant Chapman
Deputy Director of Policy at the Oklahoma Second Amendment Association released a letter dated July 25, 2013 from the Bureau of Alcohol Tobacco Firearms and Explosives confirming the following facts about Title 18 USC 922(q) The Federal Gun Free School Zones Act:

1. An Oklahoma permit holder traveling on public roads can be federally prosecuted for carrying a gun in other states that recognize Oklahomas permit 

2. An Oklahoma permit holder can be federally prosecuted for discharging their firearm in an act of otherwise lawful self defense (car jacking).

3. A conviction under the Federal Gun Free School Zones Act causes a person to become a lifetime prohibited firearm buyer/possessor.

Law abiding Texans are not required to have a state issued permit to legally carry a rifle, shotgun or concealed handgun within a vehicle.  Many other states do not require state issue permits to carry concealed and/or visible handguns and other firearms.  Hunters, off duty police officers and others legally carry guns daily. 

But when they pass within 1,000 feet of a K-12th grade school they are in violation of federal law.

A 1,000 feet is over 3 football fields in length.  The federal prohibition on firearms begins at the farthest boundary of a school property and extends 1,000 feet in all directions.  It is virtually impossible NOT to pass within a 1,000 feet of a school zone in most urban areas and many rural parts of the country.

Every time someone who does not have a qualifying state issued permit passes within a 1,000 feet of a school boundary, he/she is in violation of the federal GFSZA.  By the way, that INCLUDES off duty law enforcement officers and anyone carrying under provisions of the federal Law Enforcement Safety Act (LEOSA).

Although Congress intended to allow active and retired officers nationwide concealed carry, a legislative oversight greatly reduces LEOSA protections. As the act does not provide a qualified officer any exemptions from Federal Law, off-duty LEOSA qualified officers are subject to the restrictions of Title 18 U.S.C §922(q) known as the Federal Gun Free School Zones Act of 1995. It is therefore a Federal Crime for an off-duty LEOSA qualified officer to travel armed on any public sidewalk, road, or highway which passes within one-thousand (1000) feet of the property line of any K-12 school in the nation. Violation of the Federal GFSZA by an off-duty officer is punishable by five (5) years in Federal Prison, the officers permanent loss of gun-rights, and will bar them from continuing work in law-enforcement. The LEOSA Improvement Act did not correct this oversight.

The only exemptions from the law is a CCW issued by the state that you are in, being on duty or if your residence is within the 1000 foot zone.  You may also possess a firearm for official school sanctioned purposes. 

This is the actual text of the law:

Title 18 U.S.C §922(q) 

The Gun Free School Zones Act of 1995 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.

(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. 
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 1995 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.

Contact Congress and tell your Senators and Representatives that millions of otherwise law abiding citizens are in violation of the federal GFSZA because they havent amended the law.  GFSZA could be used by the Attorney General of the United States to create millions of prohibited persons from possessing firearms for life.  


Gun-Free Zones: A Monopoly of Force for the Bad Guys

In California, the general response to gun ownership is an automatic “no,” and the Stanford campus is no exception. On its website, Stanford University Department of Public Safety (SUDPS) states that “all [firearms] are prohibited on Stanford Campus … except for sworn police officers,” and California has mandated absolute firearm bans on all college campuses.

As 5’ 3” female, Devon Zuegel points out in the Standford Review these policies assume that guns are fundamentally harmful and ban possession of firearms by law abiding citizens.  Ms. Zuegel points out that gun bans discriminate against women,  I am going to need a better tool than my fists if I get grabbed one night on the way home from my physics lab.

Absolute bans are ineffective, as criminals carry weapons regardless of their legality. Worse, Gun-Free Zones are uniquely attractive targets, as a monopoly of force is in the hands of whoever is willing to break the law, and police response is often too little and too late.

Seung-Hui Cho shot his first two victims at Virginia Tech in 2007, the police unsuccessfully searched for the shooter for two hours. Cho remained in public spaces on campus for that entire time and even went to the post office to mail writings and recordings to NBC News. He then walked to a building of lecture halls at the opposite end of campus, chained the three main entrance doors shut, and killed 30 people in a second attack lasting roughly 10 minutes.

The rampage ended with Cho’s suicide. With over 200 rounds left, “he was well prepared to continue,” said State Police Superintendent William Flaherty. Unarmed, the victims had no hope but to make barricades and wait for the police to arrive, which happened well after the massacre was over.

The shootings at Columbine and Sandy Hook also ended in the perpetrators’ suicide, not police intervention. According to a U.S. Secret Service study into 37 school shootings, “Over half of the attacks were resolved or ended before law enforcement responded to the scene. In these cases, the attacker was stopped by faculty or fellow students, decided to stop shooting on his own, or killed himself.”

It is wrong to disarm an individual when effective protection cannot be provided in compensation, and relying on police officers and security guards has proven to be insufficient. When targets of violence, people have the right to options beyond waiting for help to come.

It is generally agreed that self-defense is a valid response to violence. However, when faced with an armed attacker in any situation, fighting back with nothing but your fists is the worst option. Victims need a tool that can level the playing field against all sorts of attackers.

According to a 1997 study of National Crime Victimization Survey data by PhD criminologist Gary Kleck, “robbery and assault victims who used a gun to resist were less likely to be attacked or to suffer an injury than those who did not resist at all or those who used any other methods of self-protection.” The probability of serious injury to a female victim is 2.5 times greater when no resistance is offered and 4 times greater when resistance is offered without a gun. The same study showed similar trends for male victims, though the magnitude of the statistics was diminished.

Progressives will always try to usurp the Second Amendment because they are statist subversives.  We the people will continue to legally resist the assault on our rights and our safety.  America, will continue to STAND UP AND FIGHT for our civil rights!

I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.

Make Your Own Gun Free Zone 

As Hurricane Sandy runs over New York, there is danger of looting but no danger of violent crime involving firearms. New York like Chicago is a GUN FREE ZONE.  Now, you can turn your own home or buisness into a GUN FREE ZONE. 


Mr. Wolf protects himself and his loved ones old school style


H.R. 2613 Would Fix the Gun Free School Zone Act

H.R. 2613

(Rep. Ron Paul): 

This bill would repeal the Kohl Amendment, which banned guns within 1,000 feet of a permanent or temporary location of a school. H.R. 2613 needs to be supported because the 1,000 foot rule doesn’t touch the violent and only ties the hands of the target of violence. This means that it cannot protect our kids. It is a case of one law which cuts off every reasonable and proven avenue for protecting our neighborhoods and our children.

But dont hold your breath. Its not going anywhere and Rep. Ron Paul is retiring at the end of the term.

There are more than 20,000 gun laws in the United States. Scholars, attorneys, activists and historians know that gun laws have not prevented violence; murder is already illegal, with or without a gun. Often time, murder is the primary charge and gun crimes are forgotten. Also, many murders are not solved. Gun laws do not impact these.

Gun laws are oppressive, unreasonable, illegal and purely for social engineering against the public interest. These are wrong on one principal ground: This is not where crime is fought. One does not fight crime by chasing it, one fights crime by facing it. I am speaking about violence where it is fought best: at the scene of the crime, and this means refusing to be a victim. 80 million gun owners know that they are the only ones they can count on in the first moments of an emergency, and they rise to that responsibility.

One of the silliest and most treacherous social engineering gun laws is the concept of the Gun Free Zones. One example is the crime of having a gun within 1,000 feet of a school. You need to say to me how this saves lives. To millions of non-gun owners, this seems rational, but to 80 - 90 million other Americans who do own guns, it misses the entire point of keeping our children safe. It makes them utterly defenseless in preparedness, spirit, force and in authority.

Let’s take a look at how proper and effective Ron Paul’s Bill is.

Violence prevention programs neglect to inform citizens such as adult college students and the parents of high school and lower school children of their options in how to meet violence. Violence prevention programs neglect to mention that victims of violence do better in resisting than victims who elect to surrender and to give them what they want. [see Paxton Quigley’s book Stayin’ Alive and other authorities.]

It soon becomes clear that our schools are widely known to be disarmed and how they have earned the name of Victim Disarmament Zones. What if the thugs had something else to think about?

Violence prevention short-circuits options. The seriousness of this is that this erodes the government-governed relationship and loses confidence in public servants. Furthermore, such gun laws make constituents fear their servants more than they fear thugs. It soon becomes clear what officials really want.

Gun laws criminalize individual gun owners who have no mens rea, or criminal intent. Making it a crime to have your gun within 1,000 feet of a school is incompatible with your sovereign liberty in forty-nine states which affirm your second amendment rights (and your sovereignty). Just because a law is backed by force of the federal state doesn’t make it a good or just law; it makes it only a tactic of social engineering to the detriment of the community. Another law that doesn’t work as advertised, but it does work for social engineering to the benefit of the State.

These laws are among many which are incompatible with our sovereignty as supreme authority under our system. These laws are trying to change the system, and they are. To dismantle the system things have to be made worse; To reform the system, things have to be made better, and the repeal of gun laws helps to make things better.

The repeal of all gun laws is the first step in smaller government. Violence crimes are already illegal, and millions are completed acts of violence certainly without a gun. Disarming the people makes sense if you’re a Marxist, but not if you are a citizen, and the citizens and the Constitution say what is right, not the servants.