House Shopping - School Zone Question

[wolfenkraft]

Hey everyone, still on my quest to move to a more green town (shouldn't be hard coming from Brookline). My wife and I found a place that we love, fits all of our requirements, but I realized after we left that it MAY be in a school zone.

I searched a little on the board and google in general, and I see a few different opinions. Can anyone give me some more concrete info here. I have an LTC-A, is it okay for me to buy a house that might be within a school zone and have my guns? I know I can't carry on school grounds, but my reading of the MGL says that since I'm licensed, it should be okay and the school zone thing is more of an add-on charge.

Is that right?

Thanks!

 

[jasons]

The "gun free school zones act" is a federal thing but there are exceptions in it for licensed carry and also for carry on private property. The Mass law, as far as I know, is just for actual school property. (There's no 1000 feet language in the MGL like there is in the GFSZA.)

Basically just be careful where you walk your dog and you should be fine.

(And FYI, there are no exceptions in the MGL for licensed carry like in the federal law. The only exceptions are for cops and people with permission from the school, which you'd most likely never get.)


Here's the actual MGL:
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10

(j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.

Any officer in charge of an elementary or secondary school, college or university or any faculty member or administrative officer of an elementary or secondary school, college or university failing to report violations of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars.

And the federal law:
https://www.law.cornell.edu/uscode/text/18/922

(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.

 

[wolfenkraft]

The "gun free school zones act" is a federal thing but there are exceptions in it for licensed carry and also for carry on private property. The Mass law, as far as I know, is just for actual school property. (There's no 1000 feet language in the MGL like there is in the GFSZA.)

Basically just be careful where you walk your dog and you should be fine.

(And FYI, there are no exceptions in the MGL for licensed carry like in the federal law. The only exceptions are for cops and people with permission from the school, which you'd most likely never get.)

Okay thanks so much. I wouldn't carry on school grounds or even try to get permission to do so, that just seems like asking for trouble in MA. I just wanted to make sure I'm not inadvertently committing a felony by possessing, carry, transporting firearms in a school zone in my home.

 

[Rob Boudrie]

Okay thanks so much. I wouldn't carry on school grounds or even try to get permission to do so, that just seems like asking for trouble in MA. I just wanted to make sure I'm not inadvertently committing a felony by possessing, carry, transporting firearms in a school zone in my home.

This is not a problem.

 

[wolfenkraft]

This is not a problem.

Fantastic. Also, Rob, I'm seriously looking at Natick after your recommendation.

 

[Rob Boudrie]

Okay thanks so much. I wouldn't carry on school grounds or even try to get permission to do so,

Two ways to have a shot at getting permission:

1. You have, or are about to have, a building named after you.

or

2. Your mere presence on campus is sufficient to have the school press office issue press releases to the major networks ... and they show up to cover your arrival.

Other than that, all asking will do is get a file opened on you.

 

[MRE]

And the federal law:
https://www.law.cornell.edu/uscode/text/18/922

(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.

Am I missing something, because it looks like anyone with a MA LTC would be exempt from the federal law under section ii from your post.

 

[xero2099]

no problem what so ever I am in a school zone as well have had no issues

 

[wolfenkraft]

no problem what so ever I am in a school zone as well have had no issues

Okay great, just trying to cover all of my bases. I know how easy it is to go from 0-felony here.

 

[ZJPierce]

I didn't want to start a new post, so I will bring this back from a couple months ago. When you all are talking about "School Zone" would that be conisdered between those 20 mph blinking yellow lights in front of schools?

My question then is, am I committing a felony by walking on the sidewalk on the main road between these two signs? If this falls into the "School Zone" category, I will assume NO, per the responses above.

I walk my dog by an elementary school that has those speed zones when school is getting out/starting. My assumption is the sidewalk is NOT school property.

 

[Chet0729]

There is a difference between a school zone and school property. You are prohibited on school property. A school zone is a traffic control area

 

[KodiakFan24]

Two ways to have a shot at getting permission:

1. You have, or are about to have, a building named after you.

or

2. Your mere presence on campus is sufficient to have the school press office issue press releases to the major networks ... and they show up to cover your arrival.

Other than that, all asking will do is get a file opened on you.

Rob, would the school/town/COP differentiate between giving permission to carry on school grounds when school is/isn't in session? Use case: I bring my kids to the school playground on a weekend, we're the only ones there...except for the dozen teens shooting hoops. Worth inquiring about or don't even bother? FWIW, I live in a green town.

And what kind of file would be opened? Or were you being facetious?

 

[Len-2A Training]

I tried it once at NU, after I graduated (Wife was going to grad school there). I knew the college president, some VPs, etc. and was a alumni class officer (this was when they held seminars/conferences for alumni leaders) so I thought I had a shot at it. I got a "no way Jose" response. And this was in the 1970s before all the "guns are evil, ban them all" ball got rolling.

These days I'd say that your chance of getting permission is less than zero.

 

[crazymjb]

I tried it once at NU, after I graduated (Wife was going to grad school there). I knew the college president, some VPs, etc. and was a alumni class officer (this was when they held seminars/conferences for alumni leaders) so I thought I had a shot at it. I got a "no way Jose" response. And this was in the 1970s before all the "guns are evil, ban them all" ball got rolling.

These days I'd say that your chance of getting permission is less than zero.

I had a friend get permission to bring and demo Russian weapons to ROTC students a few police chiefs ago at UMass... but thats as far as any of us got.

Many private schools have armed private security... but thats a different ball game as well.

FWIW we just bought a house near a couple schools.

Mike

Sent from my cell phone with a tiny keyboard and large thumbs...