All the above information is helpful but my question is assuming GFSZ Act will not be over turned what can we do about it on the state Level?
All the above information is helpful but my question is assuming GFSZ Act will not be over turned what can we do about it on the state Level?
1. The SCOTUS doesn't "have" to strike all laws that could be construed as relevant to a particular decision....
2. Unlike the statute in Bass, 922(q) has no express jurisdictional element
What exactly does this thing mean? So I can be driving down the road and get pulled over and be arrested for legally carrying my firearm? And if someone is trying to carjack me I can't defend myself? And what is the 1,000 feet thing yell keep referring to? I have read the sda handbook many times but this is new to me. I have never heard of this crap. I know a little about the gun free zones but apparently not enough. I just never carry in a school and don't leave my gun in the car if i have to go in. I just don't take it with me.
People who have a carry permit physically issued by the State in which the school is located are exempted by the federal law, but only in the State that physically issued the permit, and only if their State performed the "proper" background check. The law does not exempt out-of-state travelers who have permits recognized by the State they are visiting, those that live in States which allow unlicensed carry, or off-duty law enforcement officers. It is also important to note that it is a violation for anyone other than an on-duty police officer or a school security guard to discharge a firearm in a school zone for any reason. A State carry permit never exempts a person from the discharge prohibition.
Anyone convicted of violating this law faces up to five years in federal prison for each violation, and will become statutorily prohibited by the Gun Control Act of 1968 from owning firearms for life.
Have there been any cases in America where someone has been arrested or charged for simply driving through a GFSZ?
A person who has not been convicted of a violent felony crime and who is lawfully able to own or possess a firearm under Section 26 of Article II of the Oklahoma Constitution shall be considered to be individually licensed and verified by the State of Oklahoma within the meaning of the provisions regarding individual licensure and verification pursuant to the federal Gun-Free School Zones Act.
President Bill Clinton signed the revised GFSZA into law on September 30, 1996 (104 P.L. 208), and since it has taken
effect federal prosecutors have filed almost 600 charges for violations of the revised GFSZA (Bureau of Justice Statistics, 2012). Importantly, circuits in the federal Court of Appeals have upheld the constitutionality of the revised statute (e.g., U.S. v. Danks [221
F.3d. 1037 (1999)], U.S. v. Dorsey [418 F.3d. 1038 (2005)]), and the Supreme Court has declined to review these decisions on appeal. Thus the GFSZA remains “good law” and convictions stemming from its violation also remain valid.
...since the revised GFSZA was signed into law in 1996, at least 589 cases have been filed for violations of that provision, and in the vast majority of cases closed the charged party has pleaded guilty (n = 455). Even in cases that have gone
to the jury, the defendant is more often found guilty (53 times since FY 1996) than not (23 times since FY 1996). Thus, in almost 70 percent of cases involving the GFSZA that have gone to the jury a guilty verdict has been returned.
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