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To: marktwain
As mentioned, there are some cut-outs and exceptions where having a permit makes a difference.

You are aware that the Federal Gun Free School Zone statue, with modifications by individual states, only grants an exception to the Gun Free School Zone statute to residents of that state with a concealed weapons permit.

Out-of-state visitors are not granted an exception to the Gun Free School Zone statute when visiting another state, even with a validly recognized out-of-state permit.

14 posted on 03/12/2021 6:49:20 AM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Yo-Yo
You are aware that the Federal Gun Free School Zone statue, with modifications by individual states, only grants an exception to the Gun Free School Zone statute to residents of that state with a concealed weapons permit.

Out-of-state visitors are not granted an exception to the Gun Free School Zone statute when visiting another state, even with a validly recognized out-of-state permit.

That is a disputed interpretation. I do not know of any court cases testing it.

The first premise, that the exception only applies to residents of the particular state, is mistaken, as many states offer non-resident permits. The federal law does not specify the person licensed has to be a resident of the state, as far as I can determine.

As to whether "licensed by the state" applies to reciprocity, where the state recognizes licenses granted by other states, there is some ambiguity.

This scholarly article from 2017 explores the issues involved.

D. Conclusion The ATF's proffered interpretation of the term "licensed ... by the State" in the Gun-Free School Zones Act relies on an assumption that the term "licensed by," when followed by "the state" or reference to some other governmental unit, requires some licensee-specific affirmative act of the licensing state (or other governmental unit). However, the use of the term"licensed by the state," and correlative terms, are not so restricted.

It will probably take court cases to sort this out. I would be very interested to know of prosecutions which have occurred, of a person with a permit recognized by the state in which the prosecution happened.

18 posted on 03/12/2021 7:33:25 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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