gun free school zone

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In Alaska? I don't think so. I haven't heard anything like that.

Some states allow a certain amount of carrying on school premises.
 
Was there not some 1000ft from a school no guns law? I recall slick Willie got it as a Federal law under the 10th amendment powers to regulate interstate commerce. He claimed[and I am not making this up] that truck drivers moving goods from state to state would fear for their safety driving past schools because of gunfire,therefore the Feds had jurisdiction.
 
I thought it would be similar to college campuses. You can carry while on the property if you're passing through or dropping someone off, but you just can't go inside with it. Am I right?
 
Was there not some 1000ft from a school no guns law?
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Yes you are right, there was such a law. It was ruled unconstitutional and another version was enacted a few years later with the Supreme Court ruling in mind.

US v Lopez was the court case.
 
Federal Gun-free School Zones Act of 1990

This federal law, which I believe was the one the OP was remembering, was declared unconstitutional by the Supremes in U.S. v. Lopez (1995). For details, see (among many) http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act. It was passed in amended form in 1995 in such a way as to exempt those carrying a concealed weapon if under authority of a state-issued CHL.

As for Alaska state law, I cannot answer.
 
Thanks for all the replies. As I read the newer version of that law,my guns at home are OK, but to take them anywhere off my property I need them in a locked case[I can throw a rock from my front yard and hit the school grounds] Am I correct in my thinking?
 
Am I correct in my thinking?
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That's not how I understand it. My understanding is that it really doesn't apply at all to you as a gun owner as long as you aren't a student at the school.

It basically just seems to mandate harsh expulsion for students that bring guns to school.

Except as provided in paragraph (3), each State receiving Federal funds under this chapter shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than one year a student who is determined to have brought a weapon to a school under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of such local educational agency to modify such expulsion requirement for a student on a case-by-case basis.
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(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.



It just says "any individual" not a student. There are no Alaska state laws involved in this,I am just concerned about the Federal one.
 
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My brother-in-law lives across the street from an elementary school in Anchorage and he has not ever had a problem - as he NEVER goes onto the school property. He goes to and from his house daily without any concerns that he is not being a law abiding citizen.

Check with your local police office for clarification if you choose to.
 
here i think it's a few hundred feet or two blocks. i've brought guns on school grounds before. i was picking up my friend to go hunting. i wonder if this still applies to the law.
 
You can have guns on your property - even if you live within 1000ft of school campus. Correct me if I'm wrong, but I do believe that as long as you can legally possess the firearm on your property by your state laws, it's > your inability to possess a firearm within 1000ft of school property.
 
If you live within the 1000 feet you are exempt. You still can't get on the school property with the gun unless you are there to pick up or drop off a kid to or from school. Thats what GA says anyway. You can't be in trouble if you so happen to live beside the school. That wouldn't make sense
 
Feds are quite clear - 18 USC 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.
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and 18 USC 922(q)
(q)
(1) The Congress finds and declares that—
(A) crime, particularly crime involving drugs and guns, is a
pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate
movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce
and have been found in increasing numbers in and around
schools, as documented in numerous hearings in both the
Committee on the Judiciary [3] the House of Representatives and
the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which
they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary
citizens and foreign visitors may fear to travel to or through
certain parts of the country due to concern about violent crime
and gun violence, and parents may decline to send their children
to school for the same reason;
(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our
country;
(G) this decline in the quality of education has an adverse
impact on interstate commerce and the foreign commerce of the
United States;
(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves — even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or
inability of other States or localities to take strong
measures; and
(I) the Congress has the power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation’s
schools by enactment of this subsection.

(2)
(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.
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It's OK to have firearms in your home if you live in a school zone.

It's OK to have them off your property but still in a school zone if you are licensed by your state.

It's OK to have them off your property but in a school zone if they are unloaded in a locked case or locked in a gun rack.
 
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
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So, I guess in order to avoid the infamous interstate commerce clause from possibly being invoked for absolutely everything and anything, every State has to have its own iron and other metal ore mines, its own coal mines or gas and oil wells, its own electrical generation off the national grid....

Might as well have each State become its own Sovereign Nation.

Right?

Right.

Terry, 230RN
 
every State has to have its own iron and other metal ore mines, its own coal mines or gas and oil wells, its own electrical generation off the national grid....
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Well it looks like Montana is gonna give that a try and see how it goes.

As for this school zone thing it does seem I guess to give several exceptions , but I am still confused about how it would impact Alaska.

Alaska has unlicensed open carry, so no permit needed.

Yet, this thing says you cant have a loaded gun within 1000 feet of a school unless you have a permit.

What if the Alaskan is driving by a school, on a public street, wearing his legally openly carried revolver?

Seems like there is no exception for that, am I reading it wrong? Or does the "private property" exemption cover vehicles too?
 
Was that law overturned? This is important-I live next to a school.
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Jim,

It doesn't apply to a residence near a school. Concealed carry is still prohibited on school grounds in AK.
The applicable law is AS 11.61.210 of the Alaska Statutes.

However, I'm working on a letter for one of our junkyard dog reps proposing repeal of the school grounds carry restriction during the next legislative session. I floated this idea on another forum and found a lot of support for it.

My idea is to model it after UT or OR's CC law covering school/campus carry to avoid too much opposition from the usual suspects.
 
I get that guns on my property are OK[what a break]. My concern is that to get guns off and on my property I have to travel thue a school"zone" as defined by the 1000 ft rule. Not school property itself just the "zone".
 
The yearly hunter safety, gun safety, course is held at my son's elementary school. Don't think that would fly at an elementary school in California! I love seeing the flyers for it posted outside the 1st grade classroom and parents talking about the gun show in the hall. Nothing beats country livin'.
 
Didn't Librarian's posting pretty much answer your question?
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If Librarian is correct then that law may pose a problem for Alaskans and a few other states.

Since Alaska is an open carry state, requiring no permit, it would seem that if Librarian interprets this correctly then everyone who is open carrying, and drives through a school zone, is in violation since the firearms would be loaded but carried without a permit.

That would cause a very big problem in several states that have unlicensed open carry. I'm surprised it doesn't come up more often.

Unless the definition of private property extends to automobiles.
 
In TEXAS CCL persons can have gun in their Car on the parking lot but not in the building.
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Exactly, but Texas does not require a CCL to have a loaded and concealed handgun in the car, so are non permit holders with a gun in the car felons if they drive past a school?

It seems it's OK because in Texas an automobile is considered an extension of ones home, so that might get around the issue.

But that's just a complete guess on my part.
 
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