1000 ft. gun free zone

[Jimmy Dean]

OK, so, I got into a minor debate with someone on THR not too long ago about OCing inside of 1000 ft of a school. I believe, and I guess still do, that you cannot do this. (But from what I understand, getting your permit gets rid of this little issue though correct?)

http://www.legis.state.la.us/lss/lss.asp?doc=78741

That is where the 1000 ft law makes its appearance.

Now, I am concerned here with the same section of that RS that allows me to carry in my vehicle on campus that I have been able to use thus far as a defense against local authorities trying to bust me for carrying in my truck on campus.

Anyways, it has the 'lawfully protected activities' clause in there, which OC is a lawful protected activity, which would seem to say that in fact, so long as you are not commiting a crime, intend to commit one, or are otherwise disallowed from owning a firearm, that you can indeed carry inside that 1000 ft. mark so long as you did not cross onto school grounds?

But, there is that other pesky clause in there about 'cannot be regulated by the state' Going with the example they give, Louisiana provides no regulation on carrying in a vehicle since it is part of your domicile, where-as OC, while perfectly legal, is slightly regulated, (hence the reason we are having this discussion), so it may not fall underneath this exemption, correct?

Thoughts please,
thankyou

(BTW, I recently took my CCW class, nailed everything, now just need to file the paperwork and wait my time!)

 

[LouisianaCarry]

You can carry concealed anywhere in a school- with the PARISH permit ONLY. Not with a State 40:1379.3 permit and not openly if you are on on public property or outide your vehicle. You WILL risk hard time carrying in a school zone, unless you are concealing a weapon persuant to a parish permit [see paragraph quoted below].


RS 14:95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone.



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



(1) A federal, state, or local law enforcement officer in the performance of his official duties.



(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.



(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.



(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.

 

[XD-GEM]

LA Carry,
I posted this in another thread. What's your take?

I've been thinking about a similar situation, and I think I've found a loophole in the law (I am not a lawyer and haven't checked this with one yet).

RS 14:95.6 B. (3.) The provisions of this Section shall not apply to: A commercial establishment which is permitted by law to have firearms or armed security.

So it seems to me that if you're somewhere that can have armed guards (which is probably almost any business in the state), it's not a Firearm Free School Zone, even if it's right next to a school. The statute doesn't say that only the guards can have weapons, it says that an establishment that can have armed guards is not a Firearm Free Zone.

Any actual lawyers out there want to take a swing at this one? Am I right?

 

[LouisianaCarry]

My take would be that you are putting the emphasis on the wrong connotation here.

I should think the intent/meaning is (rephrasing):

The provisions of this Section shall not apply to: A commercial establishment. [This is because it is private property, and as such] is permitted by law to have firearms or armed security.

Allow me to point towards another passage:

RS 14:95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone

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

(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property...

The point here is that private property is private property- commercial or residential. While the State does not alway respect that, that's how I take it.

 

[XD-GEM]

Hmm, but this is still interesting, as it does not say that you personally have to own the property or business. Unless there's something I'm missing, it seems that if I'm on private property and the property owner (or business) does not object to my firearm on their property, then I am not in violation of the Firearm Free School Zone. For example, the gas station I use most often is across the street and slightly on a diagonal to a school; but it is still within the 1000 foot buffer zone from the closest edge of the school property. If the station owner doesn't object, there should be no reason for me to take off my sidearm when I get out of the car to gas up.

Any lawyers on the board want to take a crack at this? Maybe Mark can ask John Delgado about it.

 

[LouisianaCarry]

That is how I take it, though IANAL, of course.