Another Elementary Quesion on Lopez

[RJLipkin at aol.com]

Eugene wrote:
 
 "(Marty is right that if someone has no reason to believe something  is a 
school zone, he's off the hook under 18 USC 922(q)(2)(A), but I took your  
question to also include people who know they're near a school but are allowed  by 
state law to carry a gun near a school.)" 
 
        It did.  Is the point that when someone is permitted to carry a gun 
generally, then that  also includes permission to carry a gun knowingly in a 
school zone? One doesn't  need a special permit to carry a gun knowingly in a 
school zone, right? A  parent who has a carry permit is not subject to 
Lopez-type laws if he or she  attends a teacher's conference possessing gun. Is that  
right?
 
Bobby

Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware

Ratio Juris
, Contributor: _  http://ratiojuris.blogspot.com/_ 
(http://ratiojuris.blogspot.com/) 
Essentially Contested America, Editor-In-Chief 
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In a message dated 9/16/2008 10:22:04 A.M. Eastern Daylight Time,  
VOLOKH at law.ucla.edu writes:

    To some extent, but not entirely, at least to  federal law.  18 USC 
922(q)(2)(B)(ii) does provide an exception "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."  But Vermont and 
Alaska allow  concealed carry without a license, and I believe Vermont doesn't 
even have the  option of getting a license; and many states allow open carry 
without a  license, including in a car.  Therefore someone who is carrying 
quite  lawfully under state law may still be in violation of federal law if he 
does  so near a school, even right outside his house or business near a  school.
 
    (Marty is right that if someone has no reason  to believe something is a 
school zone, he's off the hook under 18 USC  922(q)(2)(A), but I took your 
question to also include people who know they're  near a school but are allowed 
by state law to carry a gun near a  school.)
 
    Eugene


 
____________________________________
 From: conlawprof-bounces at lists.ucla.edu  
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of  RJLipkin at aol.com
Sent: Tuesday, September 16, 2008 6:04  AM
To: CONLAWPROF at lists.ucla.edu
Subject: Another  Elementary Quesion on Lopez



Do federal and state statutes like the ones in Lopez  formally state an 
exception for individuals legally possessing guns who  innocently find themselves 
within the statutory range of a school, for  example, individuals with carry 
permits who drive by a school. Off-line  replies are fine.
 
Bobby

Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware

Ratio Juris




, Contributor: _  http://ratiojuris.blogspot.com/_ 
(http://ratiojuris.blogspot.com/) _
Essentially  Contested America, Editor-In-Chief _ 
(http://www.essentiallycontestedamerica.org/) _http://www.essentiallycontestedamerica.org/_ 
(http://www.essentiallycontestedamerica.org/)  
(http://www.essentiallycontestedamerica.org/) 


 
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