I seem to remember that there was an earlier thread touching on the issue of the 18 USC 922(q) Gun Free School Zone Act and the exemption for licensed individuals at §922(q)(2)(B)(ii):
Quote:
|
(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;
|
The issue was whether a license issued by state A and reciprocally recognized by state B would qualify for the above GFSZA exemption while in a school zone in state B.
The original conclusion was that the exemption applied and the rationale went something like this -- the chief LEO (Attorney General) of state B, by entering into the reciprocity agreement, effectively issued a state B blanket license to state A licensees. Furthermore, by entering into the reciprocity agreement state B has adopted state A’s individual qualification procedure as a viable adjunct to state B’s qualification procedures. Thus the verification and licensing requirements of the exemption were satisfied.
On a separate thread, BCI Instructor (
http://www.pafoa.org/forum/concealed...s-pa-ltcf.html post #6) has provided a reference to a 2002 ATF letter (
http://www.handgunlaw.us/documents/batf_school_zone.pdf) which states
Quote:
|
"For purposes of the GFSZA, in order to fall within this limited exception, the permit must be issued by the State itself. Accordingly, your possession of a Virginia concealed weapons permit would not exempt you from the prohibitions of the Gun-Free School Zones Act in States that honor other State permits by legal agreement."
|
If the ATF letter is correct it would seem to eviscerate carrying in reciprocal states, especially when traveling through urban areas as it would be almost impossible to know, much less avoid, being at some time within 1000 feet (approx 2 blocks) of a school.
Re-phrased as a practical question, if I have a Pa LTCF and no WV license, can I carry in a school zone in WV without violating the GFSZA?
Help me understand this
