Skip to comments.Does federal law allows CCW on school property?
Posted on 12/23/2012 6:51:33 AM PST by meatloaf
"She said the 2010 conceal-and-carry reform bill contained a provision stipulating federal law banning guns in school zones would supersede Kansas law. She wasn't aware Congress had adopted a school zone exemption to people possessing a valid state conceal-and-carry permit."
Can anyone confirm this.
Seems to me that the 2nd amendment does.
Guns are not allowed in federal buildings like Post Offices, court buildings, FAA and such. Schools are not federal buildings. Aren’t they controlled by the states and as such state law would apply?
I certainly can think of no provision in the constitution giving the Congress the power to pass a law to forbid carrying a fire arm on public school property.
If the Constitution does not give the congress the power to pass such a law then the law can not be enforceable.
Pity the world doesnt really work that way isnt it.
I don’t think the legislator was referring to the second amendment. I could be wrong about that. Maybe a clause in the act that created the gun free school zones has an exception in it.
If so that opens up another option to prevent more tragedies like Sandy Hook. Simply allow teachers CCW. That’s currently legal in Indiana, Utah, Kansas and in Texas. I’m seeing people balk at the cost of the NRA proposal. Allowing CCW in schools defeats the cost objection liberals may use and out maneuvers liberals.
Imagine liberal heads exploding across the country when CCW is mentioned. Imagine Piers Morgan making an ass of himself again. We need to start the drum beat of self defense as an inalienable right.
All this talk about CCW, sounds great, but does anyone ever mention the Liability factor? I see a guy running into school with a AK 47, and he starts to fire, I whip out my Glock and start shooting at him. Say I fire 12 rounds, 3 of them hit him and two ricochet into innocent by standers. Who gets sued by the bystanders, who provides for my defense in court? What part of my Homeowners Liability Insurance covers me? All of a sudden I have 3 lawyers after me, 2 from the bystanders and surely one from the Perp. Gotta love it.
The article from Kansas mentions their law had a provision that federal law would override state law. Later, they were surprised that it appears that federal law allows CCW in schools.
Freepers are great at digging out the facts. This could be another front to open in the gun control argument.
PS, add another lawyer for the family of the Perp if I managed to make him room temperature.
That’s something everyone with a CCW has to consider whereever they are. Schools are no different. The CCW holder at the Clackmas Mall faced that exact situation and decided not to shoot. The shooter, apparently seeing the CCW’s handgun, then committed suicide.
Atuallyk there are some honeowners’ policies that do provide coverage in caes like that. Hitting the two bystanders would probably be viewed as an accident and covered if the intial shooting was legal. For example, yoiu shoot at a burglar in your house anda bullet passses through the wall striking a pedestrian.
It is focused on the students not being able to have firearms, it requires a state receiving state funds to have a law mandating expulsion for violation (modifiable in writing on a case by case basis, and an agency receiving fed funds to be in compliance with same and a reporting requirement for incidents. I don’t see anything about the teachers, administrators or the parents for that matter.
(a) Short title
This subpart may be cited as the Gun-Free Schools Act.
(1) In general
Each State receiving Federal funds under any subchapter of this chapter shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of a local educational agency to modify such expulsion requirement for a student on a case-by-case basis if such modification is in writing.
Nothing in this subpart shall be construed to prevent a State from allowing a local educational agency that has expelled a student from such a students regular school setting from providing educational services to such student in an alternative setting.
For the purpose of this section, the term firearm has the same meaning given such term in section 921 (a) of title 18.
(c) Special rule
The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].
(d) Report to State
Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under any subchapter of this chapter shall provide to the State, in the application requesting such assistance
(1) an assurance that such local educational agency is in compliance with the State law required by subsection (b) of this section; and
(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b) of this section, including
(A) the name of the school concerned;
(B) the number of students expelled from such school; and
(C) the type of firearms concerned.
Each State shall report the information described in subsection (d) of this section to the Secretary on an annual basis.
For the purpose of subsection (d) of this section, the term school means any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency.
Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local educational agency and the local educational agency adopts appropriate safeguards to ensure student safety.
(h) Policy regarding criminal justice system referral
(1) In general
No funds shall be made available under any subchapter of this chapter to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency.
For the purpose of this subsection, the term school has the same meaning given to such term by section 921 (a) of title 18.
After the Texas tower shooting, there was a Fed law banning guns from school campuses, IIRC. That was more than 40 years ago, do not know if any of it is still in force today.
In the early 80s we high school kids could bring our guns to school for afternoon hunting. They had to stay locked in our vehicles if we drove or in the principal’s office if a parent bought us.
As far as I can tell there has never been a shooting in the entire history of my old school (or any of the other couple dozen schools in the county)
There’s the exception that allows school boards to approve CCW in schools like Texas and other states.
Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local educational agency and the local educational agency adopts appropriate safeguards to ensure student safety.”
my kid thought he and his buds were shooting in the country—it was a well known spot where kids would go to shoot, covered with brass and nothing around, but the po-po decided they were within the incorporated area of the county, took their guns and charged them with unlawful discharge or some such and now he has a “gun violation” that throws up red flags.
Love it-—the schools should have their own gun safety and target shooting classes.
USC Title 20 Chapter 70 Subchapter IV Part A Subpart 3 § 7151
20 USC § 7151
Don't have a clue - but the Constitution and the Amendments are the law of the land - any law the Feds make restricting our enjoying the fruits of the Freedoms laid out in these documents is an un-Constitutional/illegal law. The problem is that we have meekly acceded to these illegal laws for decades and turning the trend around is an uphill battle.
From my CHL class, I was told that it’s okay to pick up your kid at school while armed, as long as the weapon does not leave your vehicle. I’m pretty sure teachers can be armed if they have a CHL and permission from the school administration.
“All this talk about CCW, sounds great, but does anyone ever mention the Liability factor?”
Easy to solve. The county sheriff could just deputize school employees who were CCW holders. They would also want to offer some additional training and provide rules of engagement.
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