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Constitutional Carry confusion leading to increased arrests in the Lone Star State?

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  • RedneckHillbilly

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    I am pretty sure there’s a exception to the 1000 ft law of certain buildings, but asking, cause I honestly don’t know, but what about driving past said buildings going down the road?. Or picking up/dropping off someone at said institutions?
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    rotor

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    I am pretty sure there’s a exception to the 1000 ft law of certain buildings, but asking, cause I honestly don’t know, but what about driving past said buildings going down the road?. Or picking up/dropping off someone at said institutions?
    The exceptions are for people that live within 1000 feet of the school. LEO are exempt. Not sure if others are.
     

    RedneckHillbilly

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    The exceptions are for people that live within 1000 feet of the school. LEO are exempt. Not sure if others are.
    Not saying your wrong, but doesn’t seem right. If that is the case, anyone who drives through a small town or anywhere prohibited places are that are within 1000 feet of a road, whether going to work or shopping, etc. could be subject to violating that part of the law.
     

    RedneckHillbilly

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    Not saying your wrong, but doesn’t seem right. If that is the case, anyone who drives through a small town or anywhere prohibited places are that are within 1000 feet of a road, whether going to work or shopping, etc. could be subject to violating that part of the law.

    Sec. 46.03​


    on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:


    The way I am reading is, what is defined as grounds and parking lot? Grounds could mean just outside of vehicle beyond parking lot, as I read somewhere where schools couldn’t prohibit employees from storing their firearms securely in their vehicles, when they went to work. That isn’t possible unless there is a exception to this rule, for normal life activities. It seems so convoluted to confuse non-lawyer people.
     

    Renegade

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    Not saying your wrong, but doesn’t seem right. If that is the case, anyone who drives through a small town or anywhere prohibited places are that are within 1000 feet of a road, whether going to work or shopping, etc. could be subject to violating that part of the law.
    Correct there is also an exemption for LTC under the federal law.

    You are new here so you may have missed where I have stated I think I have committed over 75,000- 100,000 violations of this law over my life. I passed 7 schools on the way to work

    7 x 2 (both ways) x 5 days x 46 weeks x 20 years = 64,400

    I pass 3 schools to get anywhere so even on weekends and such I am good for Dozen or more per weekend to this day.

    I am sure others can come up with similar numbers.
     

    Renegade

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    Sec. 46.03​


    on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:


    The way I am reading is, what is defined as grounds and parking lot? Grounds could mean just outside of vehicle beyond parking lot, as I read somewhere where schools couldn’t prohibit employees from storing their firearms securely in their vehicles, when they went to work. That isn’t possible unless there is an exception to this rule, for normal life activities. It seems so convoluted to confuse non-lawyer people.
    That is state law, there is also a Federal Law
     

    RedneckHillbilly

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    Correct there is also an exemption for LTC under the federal law.

    You are new here so you may have missed where I have stated I think I have committed over 75,000- 100,000 violations of this law over my life. I passed 7 schools on the way to work

    7 x 2 (both ways) x 5 days x 46 weeks x 20 years = 64,400

    I pass 3 schools to get anywhere so even on weekends and such I am good for Dozen or more per weekend to this day.

    I am sure others can come up with similar numbers.
    I guess that depends on who travels with or without a firearm? I guess I’m smart for leaving it properly locked away at the house instead of carrying, what I may or may not have, in my car.
     

    rotor

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    I guess that depends on who travels with or without a firearm? I guess I’m smart for leaving it properly locked away at the house instead of carrying, what I may or may not have, in my car.
    If you want to legally carry withing 1000 feet of a school (unless you live within 1000 feet) you need a LTC of the same state. Permitless carry are in violation of federal law as are motorist protection act people. Potentially you might be prosecuted but realistically you won't be unless you are committing some other crime and get caught like selling drugs. Leaving your gun at home is your choice. I prefer to carry. Most of us like Renegade have many violations of federal law. If you want to be less illegal get a LTC. This may help you....
     

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    RedneckHillbilly

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    If you want to legally carry withing 1000 feet of a school (unless you live within 1000 feet) you need a LTC of the same state. Permitless carry are in violation of federal law as are motorist protection act people. Potentially you might be prosecuted but realistically you won't be unless you are committing some other crime and get caught like selling drugs. Leaving your gun at home is your choice. I prefer to carry. Most of us like Renegade have many violations of federal law. If you want to be less illegal get a LTC. This may help you....

    Or, unloaded in a locked container…​

    Federal Gun-Free School Zones Act

    Congress passed the Federal Gun Free School Zones Act of 1990 (GFSZA) and it was amended in 1995 to prevent guns being carried near schools. It states that one cannot knowingly possess a firearm in a school zone. “School zone” is defined as “in, or on the grounds of, a public, parochial or private school; or within 1,000 feet of the grounds of a public, parochial or private school.” It includes all public roads and sidewalks within that 1,000-foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee or an unloaded weapon in a locked container/rack. It should be noted that the firearm permittee exemption only applies in the state that issued your permit/license, not any states with reciprocity.

    18 U.S. Code § 922(q)
     

    RedneckHillbilly

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    If you want to legally carry withing 1000 feet of a school (unless you live within 1000 feet) you need a LTC of the same state. Permitless carry are in violation of federal law as are motorist protection act people. Potentially you might be prosecuted but realistically you won't be unless you are committing some other crime and get caught like selling drugs. Leaving your gun at home is your choice. I prefer to carry. Most of us like Renegade have many violations of federal law. If you want to be less illegal get a LTC. This may help you....
    I guess if you have a bunch of money and willing to risk challenging the constitutionality on if the law is restricting the 2’nd amendment and putting citizens unknowingly and/or entrapping them in a violation of federal and state laws..
     

    RedneckHillbilly

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    Doesn't seem right? Are most laws logical?
    Its not that we don’t need law’s as law is what keeps societies within boundaries and sets rules that all agree upon. It’s when laws are written to infringe your constitutional rights and make good honest people get into trouble. Criminals dont necessarily care about any laws, (what is a definition of a criminal, as one would define it as breaking any law, others would suggest its when people have ill intents on doing nefarious acts), and anarchy isn’t a good way of life, so the requirement is good people with a good moral footing and caring for your neighbor rights as well, not just your own.
    At some point, when so many laws are created, you get to where it’s the same as no laws, which is both bad and disheartening. Its the same as the little boy crying wolf, once you cry so many times, nobody listens…
     
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    cycleguy2300

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    Not saying your wrong, but doesn’t seem right. If that is the case, anyone who drives through a small town or anywhere prohibited places are that are within 1000 feet of a road, whether going to work or shopping, etc. could be subject to violating that part of the law.
    By the letter of the law, yes, they are breaking the law. Just another unconstitutional law making criminals out of good citizens.

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    RedneckHillbilly

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    By the letter of the law, yes, they are breaking the law. Just another unconstitutional law making criminals out of good citizens.

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    United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court concerning the Commerce Clause. It was the first case since 1937 in which the Court held that Congress had exceeded its power to legislate under the Commerce Clause.

    Holding
    Possession of a handgun near a school is not an economic activity and doesn't have a substantial effect on interstate commerce, and therefore cannot be regulated by Congress. The Gun-Free School Zones Act of 1990 is unconstitutional.
     

    SARGE67

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    RedneckHillbilly

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    From what I am reading Supreme Court ruled 90 law unconstitutional and then in 96 congress re-enacted it with changes. The exception is listed below…


    Also, your vehicle is your private property….
    Private property defined:

    private property​

    Primary tabs​

    Private property refers to the ownership of propertyby private parties - essentially anyone or anything other than the government. Private property may consist of real estate, buildings, objects, intellectual property (copyright, patent, trademark, and trade secrets). The transfer of a private property commonly takes place by the owner's consent or through a sale or as a gift.


    Exceptions To Possessing A Firearm In A School Zone​

    When looking into the big exceptions for possession a firearm within a school zone, we see the following in 18 U.S.C. § 922(q)(2)(A)

    (i) on private property not part of school grounds;
    This could be interpreted that if you’re on your own private property and you have a firearm in your possession, you are legally allowed to possess that firearm. It has been argued and extended in some cases that if you are in possession of a firearm on someone else’s private property and you are the guest of that person or entity, you’re also good.
     

    Sam7sf

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    Lots of replies I didn’t read so if it’s posted I apologize.

    I often wonder if why more people got arrested was none ltc holders traveling in cars and getting pulled over had said gun in view. That’s something that’s pretty clear in the language.
     

    candcallen

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    I have never found an a charge of the gun free school zone act that wasn't an add on to another crime. I.e. the person was shooting up the school or neighbors next to it selling drugs or engaged in some criminal activity.

    Infact I can only find a couple dozen actual times it has been used since rewritten in 96.

    Many folks break this law dozens of times a week while walking dogs or driving to work.

    It original intent was a back door gun ban in cities.
     

    cycleguy2300

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    I have never found an a charge of the gun free school zone act that wasn't an add on to another crime. I.e. the person was shooting up the school or neighbors next to it selling drugs or engaged in some criminal activity.

    Infact I can only find a couple dozen actual times it has been used since rewritten in 96.

    Many folks break this law dozens of times a week while walking dogs or driving to work.

    It original intent was a back door gun ban in cities.
    Same here.

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