Posted on 07/13/2011 7:42:14 PM PDT by marktwain
CHEYENNE — A traveler driving along Interstate 25 at Cheyenne will come within 1,000 feet of Jessup Elementary School.
If that Wyoming driver is carrying a weapon in the vehicle without a concealed weapon permit, he or she is in violation of a little-known federal law.
The Federal Gun Free School Zone Act of 1995 makes it a crime to possess a functional firearm on public property, such as sidewalks, roads, highways, parks or fairgrounds within 1,000 feet of the property line of any elementary, middle or high school.
The penalty for violations is up to five years in federal prison and the permanent loss of the offender’s right to own a firearm.
The National Coalition for Amending the Federal Gun Free School Zone Act of 1995 is alerting Wyoming residents to the existence of the federal ban, given that the state’s new law allowing residents to carry handguns without permits is in effect.
“Anyone who carries in a populated area without a Wyoming permit is unavoidably committing multiple federal felonies,” said Grant Chapman of Oklahoma.
Chapman is working with the coalition and other gun rights organizations, including the Western Wyoming Riflemen’s Association based in Afton, to get the federal law changed.
(Excerpt) Read more at trib.com ...
Need more info, I don’t think this is a problem.
To the mind of a democrat liberal, this legislation will prevent things like that slaughter at a school which took place in Russia, because it would be against the law to have loaded weapons near a school. I am not joking, sadly.
This came up not so long ago when a new elementary school was going in some town here in Arkansas. The question was raised if it would make those homeowners who’s homes were within 1000 ft. of the planned elementary school would be instant felons... I don’t recall if there was ever a complete or “final” answer given... I guess it would be up to the ATF and the local authorities. Not a good position to be in.
I think Montana actually did something very like that.
45-8-360. Establishment of individual licensure. In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.
History: En. Sec. 1, Ch. 317, L. 1995; amd. Sec. 1, Ch. 29, L. 1997.
Beat me to it...
You all make excellent points. Additionally, what about the first-in-time, first-in-right issue?? IOW, when a school is proposed to be built in a certain location, why would the municipality have the right to strip gun shop owners, homeowners, and regular users of nearby roadways of their rights without compensation or a careful study of the impact. Maybe locate schools so this law has the least impact on people who had rights they may have held dear. Has anyone ever even heard the issue raised when there’s talk of a new school?? Just one more line of proof that the law is invalid on its face.
Yes, in Lopez, on one of those rare days when they actually grasp the correct interpretation of the Commerce Clause, or close enough. IIRC, unable to resist their own statist impulses or take a chance of interfering with those of federal legislators, the court included an explicit roadmap of how to write a law stripping us commoners of our rights and word it in such a way that even that feeble level of regard for the Constitution and our rights might be avoided. Congress paid heed, and rewrote the law in a "Constitutional" form. Such are the results we get on one of those cold days in Hell when SCOTUS bothers to read CONUS.
“How much longer are we all going to sit back and watch the slow, gradual strangulation of our freedom.”
What are YOU doing about it?
Need to read up, I don’t think it is a problem but I may have missed something here.
So as soon as you step off of your property you have to have your firearm unloaded and in a locked case (useless) unless you get that state government issued permission to exercise your 2nd amendment rights.
Or else what? He DID realize he was in a separate branch of government, didn't he?
Wow! In an earlier post, I asked if anyone had ever even heard this issue brought up when siting a new school. I'm pleasantly surprised to learn that, even if the statists blow it off, people are thinking about the issue.
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I wasn't aware of this but the law was "reenacted" in '95 after the Gingrich led Pubbie Revolution in '94. Our very own Pubbies did this to us. Imagine that.
Assuming they would bother to read the Constitution, they would come across the specific comment of "no Ex Post Facto". Ideally, this should prevent such a situation, but since when do judges care.......
“This is one of the most insane federal laws that have been passed. It is a direct infringement on the Second Amendment of the Constitution.”
Yep...how many schools are 100 feet from the road one drives by just passing it? Its BS.
When I was maybe 12..we were duck hunting near a river..the season was supposed to start at noon.
My brothers and I went to the river to get a place near the ponds..later I was walking on a small island..I was wearing hip waders I had patched with pieces of inner tubes.
Did not own a watch..the sun was high..was carrying a remington 16 pump, a vest laden with shells and..a hat but do not remember the type.
Two duck in the thickets took to flight..raised the remington..aimed..fired...pumped and fired..two ducks fell to earth.
Retrieved them..put in the back of my vest...a few minutes later a game warden appeared.
Seems the ducks died 15 minutes before the season started.
He asked to come with him..to his vehicle..he opened the trunk..and began to write...it was a ticket..
My two younger brothers joined me..both had shotguns..The warden asked me for my gun.
I refused. Told the officer I was not going to give him my gun. He looked at me and my brothers..closed the trunk and gave me the ticket.
My worry was not the game warden but my father.
I learned at the age of 12 a government official cannot take your guns.
“This is one of the most insane federal laws that have been passed. It is a direct infringement on the Second Amendment of the Constitution.”
And the 10th Amendment, the Irony is one of the few incidence where the Federal Employees in black robes pulled back from unlimited power was a case in which they were rejecting the assertion that they had the power to prohibit gun possession near a school as a matter of interstate commerce.
It never dawns on these do gooder clowns, that criminals pay no attention to laws like this. You’re not protecting anyone with laws like this.
Hey, it’s a crime to kill a kid too. If that wasn’t happening once in a while, they wouldn’t need this law.
Duh!
What I love are the Republicans who try to sound intellectual and reasoned by saying, “I’m not opposed to reasoned gun laws.” Yep, and that’s how we get these idiotic laws. Too many thought they were reasoned.
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