Schoolteacher

Executive

Executive

Joined
Jan 1, 2006
Messages
4,437
Likes
989
Location
North Shore
Feedback: 39 / 0 / 0
I teach vocational high school electrical shop. I am fully aware that I can not CCW in the school without the written permission of my principal or superintendent. A permission I would NEVER consider asking for BTW. My question is, am I permitted to keep a firearm properly stored in my vehicle in the school parking lot? (Unloaded, securely locked container, etc.) I have read conflicting opinions on this question. TIA for the information.

Regards,
Chris
 
There was a recent thread that had a discussion about this but I cannot find it now. IIRC the emphasis was that the law stated specifically "on your person" and so having a gun locked up in your car was okay.

BUT I am not saying that it would be okay. I can't remember all of the nuances explored in this other thread. I hope that someone will come along and point us to this discussion.
 
Isn't it Federal law that you can't even do that on school property? I'm sure one of the ones that is all knowing will come around. I asked hubby to be sure.
 
The federal law, in addition to the exemption for unloaded firearms in locked containers, also contains an exemptions an exemption for persons licensed by the state. As a result, it would only apply here to someone without an FID or LTC. If you're licensed, only the state prohibition applies.

In addition, the next time somebody with enough money and backbone to fight gets convicted under this law, my bet is the USSC will throw it out again as they did the first time. Based on the questions they posed in oral arguments for Lopez, I seriously doubt Congress' little "oh, yes it is too constitutional" addition to the text will carry a lot of weight with them.

18 USC 922(q)
...
(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;
...
Click to expand...
Ken
 
An interesting and important note: I asked the Boston ATF office if my NH CCW license would allow me to carry through school zones, since the police checked me out before issuing it. He advised that, according to NH law, "selectmen, mayors, chiefs of police, or some full time police officers designated to handle by them respectiviely have the authority to issue the license." So it doesn't exempt me, as selectmen and mayors are NOT law enforcement, regardless of whether or not a selectman or mayor issued it.
 
Back
Top Bottom