I understand the “school zone/campus” rules even for CCW here in CA, but many sports leagues and organizations use school properties after hours and on weekends. For example, soccer/little league games on school fields on Saturdays, or chess competitions in school auditoriums on the weekends. Is is still considered a “school zone” when there is no school? How about during the summer for private events as described above? Is it a school zone/campus 100% of the time regardless of whether or not school is in session? Thanks in advance for any insights.
From Here:
76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises – Penalties.
(1) | As used in this section, on or about school premises means: |
---|---|
(a) | |
(i) | in a public or private elementary or secondary school; or |
(ii) | on the grounds of any of those schools; |
(b) | |
(i) | in a public or private institution of higher education; or |
(ii) | on the grounds of a public or private institution of higher education; or |
(c) | |
(i) | inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; or |
` | (ii) |
Doesn’t say anything about kids being there or not…
It is still a school zone because of the building.
Welcome Jomaset. IDK. But when, I read the state law in conceal carry in my state, I was amazed how much detail was included in the published law (statute) itself.
The school might also have their own regs.
I’m for rights, but when one reads various laws (which are often published), one might be led to believe it’s okay to carry, but another law talks about if there is a large gathering of people at a sports event requiring an events gathering permit, carrying might not be legal.
I’ve heard of folks wanting to carry at a parade. Hey, show your pride, do what you want, but please know the laws and what you’re getting into. Saddens me when good people run into legal problems.
Sorry to be the bearer of bad news - I sensed the question also asks for what is legal. Something can be legal, but still be wrong. However, we all know what can happen when a law is broken.
Once I was traveling (while carrying) and had to get to a restroom; I spotted one. Trouble was - it was smack in the middle of a free open to the public football game. Dilemma.
Carry on dear freedom fighters.
@Jomaset Welcome to the community, so, yes more than likely all School Zones/Campus remain “Gun Free Zones” permanently. (for law abiding gun owning citizens only )
Hello, its a school zone all of the time so you cannot even have one locked in your vehicle on school grounds, i think its a stupid law but its COMMIEFORNICATION and they are known for anti 2A i hope this helps you.
I would say only if students are present.
Same rationale that the reduced speed for the school zone flashing lights are not on 24/7, only when school is in session, or students are present, and not for an empty building absent of students.
Same rational courts are only prohibited gun free zones when court(s) is/are in session, not in the absence of proceeding / attendees.
If Sheriff’s Deputies, Court Officers, U.S. Marshals have not secured the open court in session to conduct detained defendants, or convicted prisoners to and from court, permit holding concealed carrying, or Permitless carry by anyone who is not prohibited should not be an issue.
Or, only prohibited from municipal, state, or national park areas where students are present for schools activities.
Not in areas normally permitted in the absence of students.
I think that same rationale should have a common sense application.
If schools out but, extracurricular activities are taking place with students present, regardless if it’s sports, educational, social, or whatever, that will be the deciding factor.
There should be no problems, or issues in the absence of students.
18 USC § 921 Definitions
(a) As used in this chapter—
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or
private school; or
(B) within a distance of 1,000 feet from the grounds of
a public, parochial or private school.
(26) The term “school” means a school which provides
elementary or secondary education, as determined
under State law.
Once a school always a school, regardless if school is in session or not.
Unfortunately the vast majority of the laws I have read don’t agree with your statement.
Some States do have exemptions to the no firearms on school grounds for very specific events such as hunter safety classes. Though I suspect you might still technically be breaking the Federal gun free school zone law, even in those exempted cases???
That’s why our attorney who comments on these issues on our Protector Academy video series, and his YouTube channel always says:
“Check your local listings.” In reference to our Reciprocity Map, and State Carry Laws site.
It’s your responsibility to know the carry law(s) where you are.
Welcome @Jomaset. Good to have you.
I don’t. Unless they have super security. I figure it is better to be safe than sorry. In Nevada if you get permission from whom ever is in charge of the school it is legal.
I think one could argue that the keywords are “being held”. If such language is present then I could see a lawyer argue that when there are no students at a school, there is no child or student “care” being held and therefore restrictions should not apply. Would such an argument be successful? I don’t know, but it would be worth trying. For the record…I am not a lawyer.
I believe school zones. Most cases are a federal thing.?
Because the school zone laws seem to be very similar much like the uniform traffic code.
Anyway.
Children being present is not a requirement under the statute for it to still be a school zone.
The sign you see a block or two away at a crossing, that has a lower speed limit when children are present is different than the school grounds themselves.
Welcome Jomaset a school is a school 24/7
Welcome Jomaset. We are glad you found us.
THIS
AND THIS
I would expand that “24/7” to 365, weekends, holidays, in session, after hours, summer break…ALWAYS.
I cannot speak for California, but the laws here in Texas are pretty clear on that subject. You cannot, at any time, carry a weapon, concealed or open, with or without a permit, on school property. EVER. School property ends where the dirt meets the sidewalk adjacent to a public road. I can walk down the sidewalk all I want, but I best not let one foot stray off the sidewalk. This particular law has its local amendments also.
For example, there is a public road which goes between the local high school and Walmart. School is on the right and Walmart is on the left. The sidewalk on the right side follows the property line of the school and goes around the bus circle in front of the school and continues past the school all the way to a public road behind the school. Our local laws have been amended so that the sidewalk going down that road on the right side is school property. In order for me to walk down that road with my weapon, I must cross to the left side of the road, the Walmart side. I can only walk down that road to the end of the Walmart property before I have to turn around though, because on the left side of the road, behind Walmart, is the ISD Aquatic Center, Senior Parking lot, Band practice field and Baseball Diamonds. School property.
Our schools and athletic facilities do not have metal detectors. During events, local PD is there with wands checking everyone. Anyone with a legally carried weapon is turned away, not arrested. The less enlightened folks who try to argue usually do end up getting arrested for some BS public disturbance charge.
Just don’t do it.
I did say to check the law where you are knowing that they differ sometimes widely from state to another.
The federal law governing the “gun free” zone around schools has caused much confusion in the gun community. Because it’s federal law and not state law governing this.
But
I hate big butts…
But
If you live in a state that allows you to carry onto school premises through either a concealed handgun license or similar, you are allowed to go onto school grounds with that firearm. Constitutional carry would not regularly apply in this scenario.
Not that anyone would ever get a permit so they could engage in some nefarious activities
……
The chances of saying you’re OK just because you got a permit is slim to none.
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
If you’re legally allowed to possess a firearm but not legally allowed to carry it onto school grounds, you’re still allowed to have it within your vehicle so long as it is unloaded and in a locked container.
We have a high school skeet team, so I was wondering about that.
sporting events and athletic meets centered around firearms. Activities such as athletic shooting sports and the like require instructors, coaches, and others to regularly transport firearms onto and off campus. So long as it is for an approved and sanctioned activity by the school.
Edit
The Gun-Free School Zones Act (GFSZA ) is an act of the [U.S. Congress] U.S._Congress) prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone as defined by [18 U.S.C.] Title_18_of_the_United_States_Code) § 921(a)(26). The law applies to public, private, and Parochial_school)elementary schools and high schools, and to non-private property within 1,000 feet (300 m) of them. It provides that the (/U.S._state) and their political subdivisions may issue licenses that exempt the licensed individuals from the prohibition.
Thanks for that information.
The Kardasshians are as overrated as they are oversized in that area.
Greetings & welcome, Jomaset, we’re glad that you’ve chosen to join us and hope that you enjoy the community!
I agree with the others in that a school zone is a school zone regardless of time of day, day of year or whether or not students are present.