It was unconstitutional, then they put in the magic words "interstate commerce" and all is well again.
Lol, yeah, they tend to use that term to cover just about anything... even if there is no "interstate commerce" going on.
It was unconstitutional, then they put in the magic words "interstate commerce" and all is well again.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
.. You take your kids to the zoo and there's a school trip there, even one you knew nothing about, you've just unknowingly become a felon. This is not justice, it's just playing to emotional .
Blessings,
Bill
Not arguing with you on the emotional part, but I would think, maybe incorrectly, that the zoo example wouldn't pass the test for felony unless the Zoo itself made it a School Field Trip day and only admitted people that were taking part in a function sanctioned by their childrens' school adminitration, otherwise it's open to the public. Kind of like you taking your homeschooled children to an Indy Park and there happen to be a class there from a local school.
Like I said, I could very well be wrong, I didn't write the law and am using uncommon common sense.
Sadly right now there is no case law on this very topic that BoR brings up. The law is "gray" in this area and it could go either way in court right now. The spirit of the law was to ensure that a student/parent would not take a gun say to a prom (off school campus) but in the process of writing the text the "what about the other people" at the same location as the school function was never addressed, never thought of.
Congressman Paul has my support and best wishes with this resolution. Unfortunately, as stated above, most people will react negatively to this idea.
So, if I as a guest staying at the Marriott or even taking my best girl to dinner there, LTCH, handgun etc, and a school rented a ball room for prom, I'd be a felon? I don't think that makes any sense whatsoever. Gray language or not, that isn't the spirit of the law.
With permission of all who have posted in this thread, post it here or PM me, I'd like to copy some of these questions and responses to this issue and forward them on to my Rep with the suggestion that this be clarified within the IC during the next legislative session.
Sorry, I misunderstood. As I understand it, the Fed. GFSZ law still exists and specifies that you may not have a firearm within 1000 feet of a school property, however, that law is inapplicable if you possess a license or permit from the state that allows you to do so. On the actual property vs. within 1000 feet is another matter entirely.Oh BoR
The question I have is the OP posted that Ron Paul is drafting a new law to repeal the gun free school zone (ie a federal law which the OP pointed to be GUN-FREE SCHOOL ZONES ACT OF 1990) Yet per Winki that law was deemed unconstitutaltion in 1995 (all the law or part of it I don't know).
So my question is..
Is there indeed a federal law that does make "gun free school zones" or is it a state law that does that since in 1995 the USSC nulled the 1990 law?
That is where I'm confused.
I know that the state won't define school to be just pre-school. That was just an example of me saying how the state could get around the fed law *IF* indeed the federal law was around (ie. i think it was nulled by the USSC).
So, if I as a guest staying at the Marriott or even taking my best girl to dinner there, LTCH, handgun etc, and a school rented a ball room for prom, I'd be a felon? I don't think that makes any sense whatsoever. Gray language or not, that isn't the spirit of the law.
With permission of all who have posted in this thread, post it here or PM me, I'd like to copy some of these questions and responses to this issue and forward them on to my Rep with the suggestion that this be clarified within the IC during the next legislative session.
Yes you have my permission.
Tactical Firearms Training (member here on INGO)
INGunOwners - View Profile: Tactical Firearms Training
teaches the Comprehensive Indiana Gun Law course (he is an ATTY BTW and probably #2 in the state of IN in knowing the IN gun laws) and along with Bryan Lee Ciyou (Author) who has authored this book Amazon.com: Indiana Handgun Law (9780978627690): Bryan Lee Ciyou: Books and is the #1 ATTY on Indiana gun laws have both advised that the very scenario that you posted and that BoR has write about along with this one below are all in violation of the law (black & white) text of the law.
Scenario:
You take your child to the Indy Zoo and are carrying a gun with your LTCH.
After you arrive you see a school bus pull up with school children who are also on that same day going to visit the Indy Zoo.
Per the letter of the law the Indy Zoo is now part of a school function and is OFF LIMITs to firearms. As such if you go into the zoo or stay in the zoo while the children are there you are in violation of the law.
This is the example both have used and the STRESS POINT is that right now there is NO CASE LAW to back up if the "black and white text" of the law would indeed be correct or unreasonable.
Until such time that CASE LAW does occur the only thing we have is the black and white text of the law and per their review you would be in violation of the law (as written).
Now as BoR said will an LEO press it and will a DA? Or will common sense at the LEO/DA level prevail. No one knows at the present time.
Hmm, interesting topic/read. I have both versions of the Indiana handgun laws that he wrote (picked them up at the 1500). And I have to say that you would be amazed at how many LTCH holders have no idea about simple things like this, the castle doctrine, and other laws that they really need to know. I mean, if you were to tell me that going to the zoo while CC and not leaving when a school function arrives puts me in a position to violate the law...I would have laughed. Now... not so much. Good post!
I took my 20 gauge in for a demonstration I did on gun safety in grade school.
Things were a tad different back then in rural America.