My , probably flawed but its how I read it, federal law forbids carry in a school zone UNLESS the state has other rules. My state, Arizona, allows carry in school zones and possession on school property provided the firearm is unloaded BEFORE entering the property and locked, out of sight , in the vehicle.
Take a look at the map of San Francisco. Think about just driving through on the Interstate. How would anyone from out of state (or even in state) know when and where to unload -- and how do you do it while driving on a highway at legal highway speeds? That said, I don't read the gun-free school zone law the way you do. The exception you refer to is essentially the same as the FOPA. You are referring to exception number three:
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
Reciprocity isn't about transporting an unloaded firearm around in a locked case or in the trunk of your car, it's about having a loaded gun on your belt, ready for instant use for self-defense. The concerning portion of the GFSZA is this:
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.
... 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;
So to CARRY a firearm in any state from which you don't have a permit, you have to stay clear of school zones. My home state isn't a problem ... I have a permit. I also have, for example, a permit from Florida, so I can carry in school zones in Florida. A number of other states, such as Tenessee and Kentucky, honor my home state permit. BUT ... I don't have a permit from either of those states, so if I'm there I have to stay out of school zones (which extend 1,000 feet in all directions from the limits of the actual school property) or I'm committing a felony.
Looking at the Senate version, I see this, which
may address my concerns. I'd be happy if some of the legal types would offer their opinion on this:
(b) Conditions and limitations.—The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so.
So if I carry in Tennessee under the authority of this law (if it passes), is this saying that since Tennessee residents with permits can carry in school zones, so can I?
