Concealed Carry near a School

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  • JoeLiberty

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    I always thought that for a CHP holder, the 1000ft limit applied to you unless you were in the car. Now I'm not so sure.
    Today I re-read the statutes and it says:
    N. No concealed handgun may be carried into and no concealed handgun permit issued
    pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any
    of the following:
    ...
    (11) Any school, school campus, or school bus as defined in R.S. 14:95.6
    The section it references ( RS14.95.6 ) defines a "firearm free zone" but it also expressly defines the terms "school", "school campus", and "school bus". Does that mean that I can walk past a school, within the 1000 foot boundary, provided that I do not set foot on their property?
     
    Last edited:

    charlie12

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    I always thought that for a CHP holder, the 1000ft limit applied to you unless you were in the car. Now I'm not so sure.
    Today I re-read the statutes and it says:

    The section it references ( RS14.95.6 ) defines a "firearm free zone" but it also expressly defines the terms "school", "school campus", and "school bus". Does that mean that I can walk past a school, within the 1000 foot boundary, provided that I do not set foot on their property?


    RS 14.5.2
    §95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone

    A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.

    B. For purposes of this Section, the following words have the following meanings:

    (1) "Campus" means all facilities and property within the boundary of the school property.

    (2) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not have permission to be on the school campus.

    (3) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.

    (4) "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.

    C. The provisions of this Section shall not apply to:

    (1) A federal law enforcement officer or a Louisiana-commissioned state or local Post Certified law enforcement officer who is authorized to carry a firearm.

    (2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

    (3) Any person having the written permission of the principal or as provided in R.S. 17:3361.1.

    (4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3.

    (5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

    (6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.

    (7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.

    (8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.

    D.(1) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school-sponsored function, or in a firearm-free zone shall be imprisoned at hard labor for not more than five years.

    (2) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, on school property or in a firearm-free zone with the firearm or dangerous weapon being used in the commission of a crime of violence as defined in R.S. 14:2(B) on school property or in a firearm-free zone, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively. Upon commitment to the Department of Public Safety and Corrections after conviction for a crime committed on school property, at a school-sponsored function or in a firearm-free zone, the department shall have the offender evaluated through appropriate examinations or tests conducted under the supervision of the department. Such evaluation shall be made within thirty days of the order of commitment.

    E. Lack of knowledge that the prohibited act occurred on or within one thousand feet of school property shall not be a defense.

    F.(1) School officials shall notify all students and parents of the impact of this legislation and shall post notices of the impact of this Section at each major point of entry to the school. These notices shall be maintained as permanent notices.

    (2)(a) If a student is detained by the principal or other school official for violation of this Section or the school principal or other school official confiscates or seizes a firearm or concealed weapon from a student while upon school property, at a school function, or on a school bus, the principal or other school official in charge at the time of the detention or seizure shall immediately report the detention or seizure to the police department or sheriff's department where the school is located and shall deliver any firearm or weapon seized to that agency.

    (b) The confiscated weapon shall be disposed of or destroyed as provided by law.

    (3) If a student is detained pursuant to Paragraph (2) of this Subsection for carrying a concealed weapon on campus, the principal shall immediately notify the student's parents.

    (4) If a person is arrested for carrying a concealed weapon on campus by a university or college police officer, the weapon shall be given to the sheriff, chief of police, or other officer to whom custody of the arrested person is transferred as provided by R.S. 17:1805(B).

    G. Any principal or school official in charge who fails to report the detention of a student or the seizure of a firearm or concealed weapon to a law enforcement agency as required by Paragraph (F)(2) of this Section within seventy-two hours of notice of the detention or seizure may be issued a misdemeanor summons for a violation hereof and may be fined not more than five hundred dollars or sentenced to not more than forty hours of community service, or both. Upon successful completion of the community service or payment of the fine, or both, the arrest and conviction shall be set aside as provided for in Code of Criminal Procedure Article 894(B).

    Acts 1991, No. 833, §1; Acts 1992, No. 197, §1; Acts 1993, No. 844, §1; Acts 1993, No. 1031, §1; Acts 1994, 3rd Ex. Sess., No. 25, §1; Acts 1994, 3rd Ex. Sess., No. 38, §1; Acts 1994, 3rd Ex. Sess., No. 107, §1; Acts 1999, No. 1236, §1; Acts 2010, No. 925, §1; Acts 2013, No. 400, §1; Acts 2014, No. 324, §1.
     

    Instinctshot

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    No lawyer but look at paragraph C subparagraph 5. You can have it in your car.

    I don’t much worry about the 1000ft because I’m not walking around a college.


    Sent from my iPhone using Tapatalk
     

    pgh2160

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    14:95.6
    B. The provisions of this Section shall not apply to:
    (5) Any constitutionally protected activity within the firearm-free zone, such as a firearm contained entirely within a motor vehicle.
    As I read it the right to keep and bear arms is a *constitutionally protected activity* and therefore the 1000 foot rule *shall not apply*.
     

    Blue Diamond

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    RS 14.5.2
    §95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone

    A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.

    B. For purposes of this Section, the following words have the following meanings:

    (1) "Campus" means all facilities and property within the boundary of the school property.

    (2) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not have permission to be on the school campus.

    (3) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.

    (4) "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.

    C. The provisions of this Section shall not apply to:

    (1) A federal law enforcement officer or a Louisiana-commissioned state or local Post Certified law enforcement officer who is authorized to carry a firearm.

    (2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

    (3) Any person having the written permission of the principal or as provided in R.S. 17:3361.1.

    (4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3.

    (5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

    (6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.

    (7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.

    (8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.

    D.(1) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school-sponsored function, or in a firearm-free zone shall be imprisoned at hard labor for not more than five years.

    (2) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, on school property or in a firearm-free zone with the firearm or dangerous weapon being used in the commission of a crime of violence as defined in R.S. 14:2(B) on school property or in a firearm-free zone, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively. Upon commitment to the Department of Public Safety and Corrections after conviction for a crime committed on school property, at a school-sponsored function or in a firearm-free zone, the department shall have the offender evaluated through appropriate examinations or tests conducted under the supervision of the department. Such evaluation shall be made within thirty days of the order of commitment.

    E. Lack of knowledge that the prohibited act occurred on or within one thousand feet of school property shall not be a defense.

    F.(1) School officials shall notify all students and parents of the impact of this legislation and shall post notices of the impact of this Section at each major point of entry to the school. These notices shall be maintained as permanent notices.

    (2)(a) If a student is detained by the principal or other school official for violation of this Section or the school principal or other school official confiscates or seizes a firearm or concealed weapon from a student while upon school property, at a school function, or on a school bus, the principal or other school official in charge at the time of the detention or seizure shall immediately report the detention or seizure to the police department or sheriff's department where the school is located and shall deliver any firearm or weapon seized to that agency.

    (b) The confiscated weapon shall be disposed of or destroyed as provided by law.

    (3) If a student is detained pursuant to Paragraph (2) of this Subsection for carrying a concealed weapon on campus, the principal shall immediately notify the student's parents.

    (4) If a person is arrested for carrying a concealed weapon on campus by a university or college police officer, the weapon shall be given to the sheriff, chief of police, or other officer to whom custody of the arrested person is transferred as provided by R.S. 17:1805(B).

    G. Any principal or school official in charge who fails to report the detention of a student or the seizure of a firearm or concealed weapon to a law enforcement agency as required by Paragraph (F)(2) of this Section within seventy-two hours of notice of the detention or seizure may be issued a misdemeanor summons for a violation hereof and may be fined not more than five hundred dollars or sentenced to not more than forty hours of community service, or both. Upon successful completion of the community service or payment of the fine, or both, the arrest and conviction shall be set aside as provided for in Code of Criminal Procedure Article 894(B).

    Acts 1991, No. 833, §1; Acts 1992, No. 197, §1; Acts 1993, No. 844, §1; Acts 1993, No. 1031, §1; Acts 1994, 3rd Ex. Sess., No. 25, §1; Acts 1994, 3rd Ex. Sess., No. 38, §1; Acts 1994, 3rd Ex. Sess., No. 107, §1; Acts 1999, No. 1236, §1; Acts 2010, No. 925, §1; Acts 2013, No. 400, §1; Acts 2014, No. 324, §1.

    Does this mean that if I live down the street from a school that I can not have a firearm in my residence?
     

    RaleighReloader

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    Does this mean that if I live down the street from a school that I can not have a firearm in my residence?

    IANAL.

    Based on my reading, you are within your rights to keep a firearm on your private property that is within 1,000 feet of a school. However, without a concealed handgun permit, you would be breaking the law to take that gun off of private property (say, in your car), if you were still within 1,000 feet of a school.

    Mike
     

    AustinBR

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    14:95.6
    B. The provisions of this Section shall not apply to:
    (5) Any constitutionally protected activity within the firearm-free zone, such as a firearm contained entirely within a motor vehicle.
    As I read it the right to keep and bear arms is a *constitutionally protected activity* and therefore the 1000 foot rule *shall not apply*.
    The 1000 ft rule does not apply if you have a valid concealed handgun permit. Without it, you cannot legally carry a firearm inside of the 1000 ft of a school limit. With a permit, you cannot go onto the school's property (the firearm free zone).


    IANAL.

    Based on my reading, you are within your rights to keep a firearm on your private property that is within 1,000 feet of a school. However, without a concealed handgun permit, you would be breaking the law to take that gun off of private property (say, in your car), if you were still within 1,000 feet of a school.

    Mike
    You can have it in your car within the 1,000 feet of a school, it might just be illegal to walk to and from your car with it. With that in mind, I think there is an addendum or additional law that allows you to carry a firearm between your car and dwelling, even if the dwelling is within 1000 feet of a school or on school property.

    Having a firearm within your car is legal even on school property.
     

    met7881

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    This 1000' rule would never pass strict scrutiny standards. Too bad it has not been tested in the courts. The original gun free zone act was found unconstitutal. the congress made some changes, but still not tested in courts. Even the state 1000' rule is unconstitutiol. Open carry is not allowed. Since when can a constitutionally protected right be limited to feet? On school property is another issue. Supposed the legislature passed a law that said within a 1000' of a school the 4th amendment doesn't apply. all persons can be searched without cause just because you are a 1000' from a school . Or the first amendment was disallowed 1000' from a school. people would be outraged at this. But no outrage for the second amendment. Why not make the 1000" a mile, 10 miles. Even the provision that you cannot possess a firearm witin a 1000' of a parade is off base too. Again strict scrutiny would be difficult for the "state" to argue.
     

    bigtattoo79

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    This 1000' rule would never pass strict scrutiny standards. Too bad it has not been tested in the courts. The original gun free zone act was found unconstitutal. the congress made some changes, but still not tested in courts. Even the state 1000' rule is unconstitutiol. Open carry is not allowed. Since when can a constitutionally protected right be limited to feet? On school property is another issue. Supposed the legislature passed a law that said within a 1000' of a school the 4th amendment doesn't apply. all persons can be searched without cause just because you are a 1000' from a school . Or the first amendment was disallowed 1000' from a school. people would be outraged at this. But no outrage for the second amendment. Why not make the 1000" a mile, 10 miles. Even the provision that you cannot possess a firearm witin a 1000' of a parade is off base too. Again strict scrutiny would be difficult for the "state" to argue.

    You could always test it for us......
     

    steven1

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    the 1000 ft rule statutorily applied , violates our Constitution. Its a State taking precedence over Federal
     

    MikeP

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    When I'm walking my dog down a public sidewalk and I pass by an adjacent school, I have to assume that I'm OK as long as I stay on the sidewalk and don't step foot on school grounds.

    My dog ain't big enough to protect me from a roaming predator that would do me harm.
     

    cbbr

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    When I'm walking my dog down a public sidewalk and I pass by an adjacent school, I have to assume that I'm OK as long as I stay on the sidewalk and don't step foot on school grounds.

    My dog ain't big enough to protect me from a roaming predator that would do me harm.

    Unless I misread something, as long as you have a CCL you are perfectly legal to carry on that sidewalk as long as you stay off of the school grounds.
     

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