Non-resident permits and "school zones"

poopgiggle · Aug 31, 2012

I was Internetting around today and noticed this. The Gun Free School Zones act prohibits "knowingly [possessing] a firearm ... at a place that the individual knows, or has reasonable cause to believe, is a school zone," although an individual may carry within a school zone "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."

tl;dr federal law says that you can't knowingly carry within 1000 feet of a school unless you have a CCW license issued by the state that you're in.

Here's the deal: a lot of people have non-resident permits from places like Florida or Utah. Oklahoma honors those permits. HOWEVER, it looks like you're in violation of the Gun-Free School Zones Act if you go within 1000 feet of a school, whereas an OK permit holder would not be. Note that this also covers off-duty cops carrying under LEOSA.

Does this seem right? I'm not a lawyer so I could be missing something.

Jeff T. · Sep 9, 2012

Since your out of state license is recognized by Oklahoma, in the OKLA SDA it says that they are recognized just as an instate license is. I would think that out of state licensees would be held to the same standards.

TITLE 21 Â§ 1290.26 Reciprocal agreement authority
RECIPROCAL AGREEMENT AUTHORITY
The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state.
Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid. The firearm must be carried fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to a valid concealed carry weapons permit or license issued in another state. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a concealed handgun license in this state immediately upon establishing a residence in this state.

poopgiggle · Sep 9, 2012

OK recognizes the license, but the Federal law pretty clearly says that you have to have a license issued by the state you're in. I just wanted to make sure I wasn't missing something.

It's a technicality that probably won't actually get anyone in trouble but it's something to be aware of.

mlr1m · Sep 10, 2012

I have read that some groups are trying to get this Federal law changed to allow the States to decide who may carry in their own school zones. Could you imagine if the Feds applied this type of law things other than firearms? For instance if the Feds said that only people who have a drivers license issued my the State you are in can drive on roads within 1000 feet of a school.

Michael

okshooter26 · Nov 18, 2012

So if I walk down the road and there is a school across the public roadway im traveling down then i have to walk around the block to avoid it? otherwise I would be within 1000ft of a school? What about people that live within 1000ft of a school are they not legally able to take guns into or out of their home or store a gun in their home as they would be within 1000ft of a school with a firearm? This seems like it may be a grey area.

poopgiggle · Nov 19, 2012

okshooter26 said:
What about people that live within 1000ft of a school are they not legally able to take guns into or out of their home or store a gun in their home as they would be within 1000ft of a school with a firearm? This seems like it may be a grey area.

Well if you read it, it allows guns on private property that aren't part of school grounds as well as guns that are both unloaded and in a locked container so it isn't a gray area.

xwing · Nov 19, 2012

I've been in many discussions about this topic. The only real conclusion is that it's a "grey area". Per the specific wording of the law, it may technically be a violation if you do not have a permit from the state where the school zone is located. However, no-one I know could find evidence of that scenario ever being prosecuted. So it would be a â€œproceed with cautionâ€ situation. IANAL, so this is just my opinion.

okshooter26 · Nov 21, 2012

i just think having the law limited to school grounds would be best. maybe a clause about loitering just off school grounds with a firearm. just a thought.

kaiserb · Nov 21, 2012

This comes up in CHL classes that I teach. This is from my Texas based curriculum but the same would apply to OK as the references are to the Federal Law as it applies to the CHL, CCW etc.

Lets look at 18 USC Â§ 922 (2)(A) Gun Free Zone

Â—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.

Â—This law states that it is a federal crime for a person to possess a firearm which has moved through interstate commerce, on the grounds of or within 1000 feet of a public, parochial, or private school.
Â—The possession of a firearm by the occupant of a motor vehicle while driving past a school or dropping off a child, is a federal crime.

18 USC Â§ 922 (2)( B ) ot apply to the possession of a firearm â€"
Â—If the possession is on private property which is not part of the school grounds This means that a person living within 1000 feet of a school can keep a firearm in their house.
Â—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.

Â—This means that a CHL holder may carry a concealed firearm into a "gun free school zone".
Â—However, there is one big catch. A person can only lawfully carry in a school zone located in the state that issued the CHL. Therefore, if a person has a Texas CHL they can only carry through Texas school zones.
Â—If that Texas CHL holder is traveling through another state, the exception under federal law does not apply to them and they are in violation of this law.
Â—It also means that a Texas resident, who holds a non-resident out-of-state CHL, does not benefit from this exception and is in violation of the law if they take a firearm into a school zone.