18 year old son carrying shotgun in truck ?

[smtimelevi]

Yeah +1 on that I carry compact on myself, plus a full size 9mm in drivers seat and an AR + 20 Mags in trunk locked. And range day makes my car totally heavy.

Zombie apocalypse go to guy ^

 

[Renegade]

Thats news to me, lol....a lot of cops be getting charged then....most officers I know do not have a CHL, but many are carrying under policy, therefore can state work related.....

As they say, Fed Law Trumps State Law which Trumps Dept. Policy. In this case though, LEOs would probably qualify under ii, as they are licensed by the state. Out of State LEOS carrying under LEOSA are not. I found though the professional courtesy can go a long way in situations like these.

(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.

 

[txinvestigator]

To my knowledge this isnt enforced. I dont think a person carrying under MPA could cross San Antonio and comply with this law. Not sure about other cities in Texas.

This is a FEDERAL offense and overwhelmingly only enforceable by Federal LEOs. 99% of local and state LEOs cannot enforce federal laws.

 

[M. Sage]

The only thing I'd be worried about is theft.

Also, someone mentioned MPA. Pretty sure that only applies to handguns, but there's never been a restriction on carrying a long arm on your person as long as it's not done in a way that's meant to scare people.

This is a FEDERAL offense and overwhelmingly only enforceable by Federal LEOs. 99% of local and state LEOs cannot enforce federal laws.

I'd bet big bucks that most of the same LEOs violate the same law regularly anyway. The two exemptions are LE on duty or someone with a license to carry (issued in that state). Driving home off duty with their weapon would put them into federal felony territory with everybody else that doesn't have a LTC but goes through a school zone with a loaded gun.

 

[deemus]

I don't do it now, but used to carry a shotgun and rifle with me everywhere. Of course that was 25 years ago. Just about every pickup in the parking lot at school had at least one gun on the gun rack in the window. Most of us would hunt on the way home from school at least a couple days a week.

We would all get arrested and kicked out of school for that now. Gotta love a good country school in the early 80's.

 

[txinvestigator]

As they say, Fed Law Trumps State Law which Trumps Dept. Policy

Laws from different jurdisdictions do not "trump" each other. They are just enforced and prosecuted in different places.

 

[Renegade]

This is a FEDERAL offense and overwhelmingly only enforceable by Federal LEOs. 99% of local and state LEOs cannot enforce federal laws.

99% of Federal gun prosecutions are referred from State arrests. The original School Zone Law which was struck down (Lopez), was actually enforced by a non-LEO - a High School Principal, who called Local LEOs who called Federal LEOs.

The Feds might make the prosecution, but it usually starts with a contact at the local level.

 

[M. Sage]

As they say, Fed Law Trumps State Law which Trumps Dept. Policy. In this case though, LEOs would probably qualify under ii, as they are licensed by the state. Out of State LEOS carrying under LEOSA are not. I found though the professional courtesy can go a long way in situations like these.

(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.

No, vi is what covers LEOs. ii only covers people who are licensed to carry, and that license has to include a LE background check.

(vi) by a law enforcement officer acting in his or her official capacity; or

Once they're off the clock, they're technically committing a felony if they go through a school zone with a firearm that's loaded or unloaded and unlocked.

 

[Renegade]

Laws from different jurdisdictions do not "trump" each other. They are just enforced and prosecuted in different places.

"trump" is a term from card games ( A suit in card games that outranks all other suits for the duration of a hand). It is often used to describe exactly what I described. Most people understand.

 

[Renegade]

No, vi is what covers LEOs. ii only covers people who are licensed to carry, and that license has to include a LE background check.

(vi) by a law enforcement officer acting in his or her official capacity; or

Once they're off the clock, they're technically committing a felony if they go through a school zone with a firearm that's loaded or unloaded and unlocked.

I am not TCLEOSE, so I do not know the process here, but in other states LEOs are licensed by the state and do meet this definition EXACTLY.

(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;

Yes they are also covered in vi, they would also be covered under II if they carried that way. Nothing in the prevents you from being exempt multiple ways.

 

[txinvestigator]

99% of Federal gun prosecutions are referred from State arrests. The original School Zone Law which was struck down (Lopez), was actually enforced by a non-LEO - a High School Principal, who called Local LEOs who called Federal LEOs.

The Feds might make the prosecution, but it usually starts with a contact at the local level.

I would love to see your source. And I will tell you this, none of those people you alledge were arrested for this were arrested by local LEOs for the federal charge. The locals must have a state or local charge to hold a person so that a federal LEO can be summoned. No one is getting popped by a local for ONLY a violation of the federal law.

 

[smtimelevi]

This is a FEDERAL offense and overwhelmingly only enforceable by Federal LEOs. 99% of local and state LEOs cannot enforce federal laws.

Thank you!

 

[M. Sage]

I am not TCLEOSE, so I do not know the process here, but in other states LEOs are licensed by the state and do meet this definition EXACTLY.

(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;

Yes they are also covered in vi, they would also be covered under II if they carried that way. Nothing in the prevents you from being exempt multiple ways.

They're licensed to be LEO. This part talks about a license to carry, a CHL. Not LE credentials. If it did, they wouldn't have bothered making it ONLY apply to LEOs ONLY in the course of their official duties.

 

[txinvestigator]

"trump" is a term from card games ( A suit in card games that outranks all other suits for the duration of a hand). It is often used to describe exactly what I described. Most people understand.

I know what trump means, and it is an inaccurate description.

 

[M. Sage]

I would love to see your source. And I will tell you this, none of those people you alledge were arrested for this were arrested by local LEOs for the federal charge. The locals must have a state or local charge to hold a person so that a federal LEO can be summoned. No one is getting popped by a local for ONLY a violation of the federal law.

+1. The way I understand it locals have to be trained and certified to enforce specific federal laws.

 

[smtimelevi]

 

[M. Sage]

Yeah, the thread's kind of hijacked now, huh?

 

[smtimelevi]

Yeah, the thread's kind of hijacked now, huh?

yup, cant say I didnt pile on either . I think it's funny how technical everybody wants to get about a law that most cops dont know or care about.

 

[Renegade]

I would love to see your source. And I will tell you this, none of those people you alledge were arrested for this were arrested by local LEOs for the federal charge. The locals must have a state or local charge to hold a person so that a federal LEO can be summoned. No one is getting popped by a local for ONLY a violation of the federal law.

BATFE agent told me that based on his experience. If you follow gun arrests (I read the Press Releases from US Attornie office for over a decade now, you will see it is generally true. Fed gun, etc., charges more often start with a local contact. Olofson, McVeigh, you name it. Whether it is 99, 98 92, or whatever could vary but the point is made).

As I already pointed out Lopez cases was started by a NON-LEO. I bet Lopez though the chances of him running into a Federal Law were low so he was safe.

But it is really just mental masturbation arguing over who can/does make federal arrests.

The bottom line is is a violation of FEDERAL LAW, a FELONY. Who on this list is advocating it is OK to commit FEDERAL FELONIES because the chance of arrest is low? Let's get them on record:

1)
2)
3)
...

 

[smtimelevi]

How about a better list...

How many people in this country DO NOT carry in their vehicle (in states where its legal) because of this law. Remember 1000' from a school zone is pretty much the entirety of most cities and outlying areas in this country. Not all laws are just.