NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: FLUFF on February 05, 2013, 10:37:24 PM
-
Need a refresher on the law from someone who knows for sure.
I am in violation if I have a CCW permit and have my pistol with loaded mag in a lock box in my vehicle while on school grounds to pick up my kids from school ?
Is my wife in violation if she (No permit yet) has an unloaded pistol and loaded mags in the same lock box, between the seats on the floor of the van under her bible when she picks up the kids from School ?
Just need to clarify
-
My understanding is that I, having a CHP can carry on my person so long as I don't get out of the car when picking up my kids. You are OK getting out of the vehicle so long as you lock the gun up before exiting the vehicle.
As for you wife, I would not take a firearm onto school grounds at all without a CHP.
-
As for you wife, I would not take a firearm onto school grounds at all without a CHP.
Your wife may be able to legally keep a firearm locked in the trunk, separate from the ammunition as federal safe passage laws allow, while on school property. I said "may be" A lawyer consult is probably in order.
But your wife is not able to keep a concealed handgun in the passenger area without a CHP. And, I would not consider "in plain sight" or open carry on a school grounds in today's political climate
-
Pardon my reviving an old post (came across it searching for the answer to this question). Here's a different twist on this question... a walker/jogger, CHP holder, CCing while walking/jogging on public sidewalks... Upon crossing a street into a block that contains a public school, does continuing on foot, on the public sidewalk (adjacent to the street, on the school side) constitute entering "school grounds" (in violation of state law?)?
Am sure safest way to be sure you're in compliance would be to simply walk on the other side of the street, but is there a definitive answer to whether it is/is not lawful to cc on past the school while remaining on an adjacent public sidewalk?
-
Alan, my understanding is a public sidewalk is exactly that: public. Entering school grounds constitutes actually setting foot on property owned or administrated by the school. In other words, keep off the grass. ;D
-
Here's a Brief Summary:
School Zone: The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
========================
The federal prohibition against possessing a gun in a school zone does not apply, however:
>To people licensed by the state or locality to possess the gun. This exception applies to many people licensed to possess firearms or to carry concealed firearms; see our summaries on Licensing Gun Owners or Purchasers and Carrying Concealed Weapons for more information about these licensing requirements.
>If the firearm is unloaded and “in a locked container, or a locked firearms rack that is on a motor vehicle.”
>If the firearm is possessed for use in a program approved by a school, or in accordance with a contract entered into between a school and the individual or an employer of the individual.
======================
The above information is taken directly from http://smartgunlaws.org/search-federal-gun-law/ (http://smartgunlaws.org/search-federal-gun-law/)which is the Law Center to Prevent Gun Violence [yes: Anti-Gunners] organization.
State law summaries are also included on that website. It's worth a visit there for a refresher. [Yeah. I know. They present the Worst Case in the Worst Light. Which is informative. And what they say clinches the argument for holding a concealed carry license.]
sfg
-
Thanks for the input... what about this section of the Nebraska statute (does it make the scenario I described unlawful?):
- 69-2441. Permitholder; locations; restrictions; posting of prohibition; consumption of alcohol; prohibited.
(1)(a) A permitholder may carry a concealed handgun anywhere in Nebraska, except any: Police, sheriff, or Nebraska State Patrol station or office; detention facility, prison, or jail; courtroom or building which contains a courtroom; polling place during a bona fide election; meeting of the governing body of a county, public school district, municipality, or other political subdivision; meeting of the Legislature or a committee of the Legislature; financial institution; professional or semiprofessional athletic event; building, grounds, vehicle, or sponsored activity or athletic event of any public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, or a public or private college, junior college, or university; place of worship; hospital, emergency room, or trauma center; political rally or fundraiser; establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor; place where the possession or carrying of a firearm is prohibited by state or federal law; a place or premises where the person, persons, entity, or entities in control of the property or employer in control of the property has prohibited permitholders from carrying concealed handguns into or onto the place or premises; or into or onto any other place or premises where handguns are prohibited by state law.
-
Nebraska State Law on firearms in schools is pretty much here:
http://nebraskalegislature.gov/laws/statutes.php?statute=28-1204.04 (http://nebraskalegislature.gov/laws/statutes.php?statute=28-1204.04)
Includes some significant exceptions to 69-2441.
sfg
-
What are the limitations on off body caring in a vehicle with someone that doesn't have a CHP???
-
The way I read it is that within the school zone, must be:
>Unloaded, locked in a case or locked gun rack (long guns).
>Unloaded, locked case (handguns).
Probably best to have any/all firearms stored in the trunk or bedbox. Dances further from the Flames of the Law.
But as DanW always says, "I'm not a lawyer." [Just a Grubby Engineering Prof.]
NE State Patrol always suggests contacting a knowledgable attorney for these kinds of issues and questions.
sfg
-
Nebraska State Law on firearms in schools is pretty much here:
http://nebraskalegislature.gov/laws/statutes.php?statute=28-1204.04 (http://nebraskalegislature.gov/laws/statutes.php?statute=28-1204.04)
Includes some significant exceptions to 69-2441.
That's helpful, thanks. Don't see exception for the CHP holder passing by as a pedestrian... clearly not permitted "on school grounds" (with exception for parking area inside a private vehicle, etc.) but nothing touching on whether the public sidewalk along the perimeter is legally considered "on school grounds." Seems like a trivial question, unless walking on the wrong side of the street warrants the "class IV felony" designation ;) .
-
Don't see exception for the CHP holder passing by as a pedestrian... clearly not permitted "on school grounds" (with exception for parking area inside a private vehicle, etc.) but nothing touching on whether the public sidewalk along the perimeter is legally considered "on school grounds." Seems like a trivial question, unless walking on the wrong side of the street warrants the "class IV felony" designation ;) .
Public sidewalk is precisely that---public. Those are not school grounds. Sidewalk going from the public sidewalk toward the school---that's something different. :)
-
I oft reflect on these type questions (respectfully of course)....how would they/how did they know you are carrying? Concealed means concealed and the 4th Amendment and all that.....
-
Bullit, as usual, is right.
However, if a person was found to be carrying on a "public" sidewalk in front of a school, they may be on school grounds. For example, I own the "public" sidewalk in front of my house. That is why I have to clear it of snow and ice or risk being sued for a slip and fall. However, the law requires that I grant an easement to the public to pass on that sidewalk.
So, the school likely owns and is responsible to maintain that walk. I could see a judge saying that makes it part of the "grounds."
-
Transporting firearms--long and short--in the school zone we covered.
Concealed carry of a handgun in the school zone and in-the-car-in-the-school parking-lot we covered.
Now--How's about walking anywhere within a school's 1000-feet radius Gun Free School Zone while staying on the public sidewalk (not on school grounds) in handgun Open Carry mode??
Who wants to enlighten us on that one?? [You may wish to use Wikipedia for your homework research.]
sfg