Constitutional Carry - potential Big Issue

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    Grandmaster
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    Without a license / permit, don't the Federal 1000' radius exclusion zones around schools/day cares/etc come in to play?

    And perhaps some clarification I need: How does one determine the 1000' radius around a school? Does it start at the very center of the property? (how is center located on an irregular shaped property?)

    Or is it 1000' from each foot along the perimeter of a given property?
     

    chipbennett

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    Without a license / permit, don't the Federal 1000' radius exclusion zones around schools/day cares/etc come in to play?

    And perhaps some clarification I need: How does one determine the 1000' radius around a school? Does it start at the very center of the property? (how is center located on an irregular shaped property?)

    Or is it 1000' from each foot along the perimeter of a given property?

    There is a reason that Jim Lucas is also targeting Gun Free School Zone act.

    Also, I will always maintain a license for reciprocity purposes, so the exclusion zone would be a moot point for me.
     

    HoughMade

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    Without a license / permit, don't the Federal 1000' radius exclusion zones around schools/day cares/etc come in to play?

    Yes, on non-private property.

    And perhaps some clarification I need: How does one determine the 1000' radius around a school? Does it start at the very center of the property? (how is center located on an irregular shaped property?)

    Or is it 1000' from each foot along the perimeter of a given property?

    Perimeter.
     

    d.kaufman

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    I imagine this is violated daily by people that live close to a school and have guns in their home but no license. Or does that not apply to the situation?
     

    K_W

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    Yes, this is an issue while out of state and even in-state for long guns... the Indiana LTCH does not exempt you from the 1000ft GFSZ while in possession of a long gun as Indiana does not license long guns as required by the FGFSZA.

    [18 U.S.C. § 922(q)(2)(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;

    TO BE EXEMPT...

    The gun must be...

    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

    -OR-

    You must be licensed for the firearm you are possessing within the school zone.

    You must be licensed by the state in which you are in to enter the school zone.

    The state must have a background requirement for licensing (Con Carry does not satisfy)
    - and-
    You must have had a background check done by that state prior to receiving the licence.

    Simple reciprocity does not satisfy these conditions.

    Also, I will always maintain a license for reciprocity purposes, so the exclusion zone would be a moot point for me.
    Not quite... See above. The law is quite clear.

    I imagine this is violated daily by people that live close to a school and have guns in their home but no license. Or does that not apply to the situation?

    Private property is exempt. See above /\
     
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    K_W

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    Take a look at Carmel and the maze you (anyone) must to go through to comply with GFSZA to shoot a rifle (unless unloaded, cased, and locked) at Point Blank. (this is a rough map and is not legal advice)

    KiYkajq.png
     
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    KellyinAvon

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    There’s either 15 or 16 States now with Constitutional carry. I’m sure they worked out the same problem.
     

    K_W

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    There’s either 15 or 16 States now with Constitutional carry. I’m sure they worked out the same problem.

    How? States cannot supersede Federal law and Con Carry is by definition licence-less which can't satisfy GFSZA.

    GFSZA'a 1000 ft zone just needs to go away.
     

    KellyinAvon

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    How? States cannot supersede Federal law and Con Carry is by definition licence-less which can't satisfy GFSZA.

    GFSZA'a 1000 ft zone just needs to go away.
    It looks like to me they get around it because it’s not enforced
     

    actaeon277

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    Or, by having Constitutional Carry, they are in effect, licensing every resident of the state.
    In effect, they all have a license.
     

    chipbennett

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    chipbennett said:
    Also, I will always maintain a license for reciprocity purposes, so the exclusion zone would be a moot point for me.

    Not quite... See above. The law is quite clear.

    I have a lifetime LTCH. I will keep it for reciprocity purposes, even if/when constitutional carry passes. A side benefit is that it meets the requirements for GFZA exemption.
     

    chipbennett

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    How? States cannot supersede Federal law and Con Carry is by definition licence-less which can't satisfy GFSZA.

    GFSZA'a 1000 ft zone just needs to go away.

    Indiana will continue to issue an optional LTCH, in order to maintain reciprocity. The license will merely not be required in order to carry a handgun in Indiana.
     

    SwikLS

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    The Bunker
    How does one determine the 1000' radius around a school? Does it start at the very center of the property? (how is center located on an irregular shaped property?)

    Or is it 1000' from each foot along the perimeter of a given property?

    Yes, on non-private property.

    Perimeter.

    what kind of non-private property are we talking about? parks? right-of-way (hope not)?

    if parks or other similar public owned land, wouldn't state pre-emp come into play?

    seems to me in most of the non-private property areas where this would apply it would likely be already be blocked off to the public.

    what expertise on the perimeter would govt have? GIS?

    if GIS, they have all kinds of inaccuracies. I see them all the time.

    where is the reasonable articulable suspicion if carrying in the 1000' perimeter of a GFZ is the only charge?

    how do you locate the point of the criminal act to determine if its 1000' long after the arrest?

    could explain why its not enforced, as Kelly mentioned.
     
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