OK2A Releases July 25, 2013 ATF Letter Regarding Oklahoma Carry Permits and Fed GFSZA

[Cougar]

OK2A just released a letter dated July 25, 2013 from the Federal Bureau of Alcohol Tobacco Firearms and Explosives confirming the following facts about Title 18 USC 922(q) "The Federal Gun Free School Zones Act"


1. An Oklahoma permit holder traveling on public roads can be federally prosecuted for carrying a gun in other states that recognize Oklahoma's permit

2. An Oklahoma permit holder can be federally prosecuted for discharging their firearm in an act of otherwise lawful self defense (carjacking).

3. A conviction under the Federal Gun Free School Zones Act causes a person to become a lifetime prohibited firearm buyer/possessor.

You can download the letter by clicking the link I am including below to the OK2A website's Fed GFSZA page and clicking the "download" link at the very top of their page.

http://www.ok2a.org/fedgfsza

 

[chuter]

Are they working to change this somehow?

 

[rawhide]

Are they working to change this somehow?

Yes, several ways.

 

[mons meg]

I agree this is the letter of the law. But I still haven't heard of a traffic stop turning into a prosecution under GFSZA. 14 convictions in the last few years? (that sounds really low) Most are likely "kitchen sink" prosecutions.

ETA: I read the GFSZA appeal from the 10th circuit, (US v. Benally) and the defense didn't even invoke Lopez or challenge the conviction based on any arguments against the Commerce Clause. While I did not read through all the appellate decisions from the other circuits, I remain confident the "new and improved" GFSZA would go the same was as the old one should the SCOTUS take up a case on it.

 

[rawhide]

I agree this is the letter of the law. But I still haven't heard of a traffic stop turning into a prosecution under GFSZA. 14 convictions in the last few years?
(that sounds really low) Most are likely "kitchen sink" prosecutions.

ETA: I read the GFSZA appeal from the 10th circuit, (US v. Benally) and the defense didn't even invoke Lopez or challenge the conviction based on any arguments against the Commerce Clause. While I did not read through all the appellate decisions from the other circuits, I remain confident the "new and improved" GFSZA would go the same was as the old one should the SCOTUS take up a case on it.

Unless you are one of the 14 cases. I agree the potential risk is low but so was "printing" under the old SDA. The issue is what CAN the federal government do? I would hate to be the one that finds out.

 

[mons meg]

I would hope if any of us were jammed up under GFSZA as a result of a traffic stop, we would have the gumption to ask all the national orgs for legal help. that case would stand a good chance of attracting pro bono representation. There's a reason US Attorneys and the ATF are not using GFSZA as a hammer to catch people driving down the interstate. They know they would end up losing their hammer on appeal.

 

[rawhide]

I would hope if any of us were jammed up under GFSZA as a result of a traffic stop, we would have the gumption to ask all the national orgs for legal help. that case would stand a good chance of attracting pro bono representation. There's a reason US Attorneys and the ATF are not using GFSZA as a hammer to catch people driving down the interstate. They know they would end up losing their hammer on appeal.

On what basis would they lose the appeal?

 

[Cougar]

The law wont be struck down again by SCOTUS under the commerce clause. The only reason it was struck down the first time is because Congress literally FORGOT to insert the "interstate commerce hook" that they insert into every other federal gun law, and in fact almost every federal criminal statute. The revised law has been specifically challenged in almost every circuit, and has been upheld because of this interstate commerce hook. If they voided this law again, with the interstate commerce hook, they would also have to void just about every other federal criminal statute. It's not going to happen. SCOTUS might possibly invalidate the 1000 foot radius under the Second Amendment, but they specifically said in the Heller decision that they don't believe the Second Amendment applies to schools. We need to press our federal representatives to amend this horrible law. This will be especially important if/when Oklahoma gets constitutional carry.

 

[dennishoddy]

Good information. We do need to get behind amending this.
Is there a petition, or a time when this is going to be brought up so we can flood our reps with emails?

I see there was another school shooting today at Perdue University. Those gun free zones are sure working.

 

[rawhide]

Good information. We do need to get behind amending this.
Is there a petition, or a time when this is going to be brought up so we can flood our reps with emails?

I see there was another school shooting today at Perdue University. Those gun free zones are sure working.

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

http://gunowners.org/gfsa-repeal.htm

I'm not confident the GFSZA will go away but OK2A is supporting state legislation to help protect us from the feds. I'll try to list more specifics on state legislation later but I recall one of the items is to limit what local LEOs include in their reports that are read by the feds.