Another Elementary Quesion on Lopez

[Volokh, Eugene]

    My understanding is that the federal law categorically does not
apply to people who have a license to possess a firearm (which will
often be a license to carry, but perhaps need not be).  That's so
whether the possession is outside a school but in a school zone, or
actually at school.
 
    State law, however, may very well bar possession on school property,
even when someone is licensed to possess or carry generally, so the
possessor may be guilty of violating the state law.  It's also possible
that "if the individual possessing the firearm is licensed to do so by
the State" may be read as meaning "if the individual possessing the
firearm is licensed to [possess the firearm in the place where he is
possessing it] by the State," which would mean that if a State license
excludes school zones, the federal law would kick in as well; but I'm
not sure whether that's so.
 
    I'm pretty sure that there is no special "school carry permit"
needed as a general matter, and if a state licenses someone to carry and
doesn't exclude carrying in schools, the federal law wouldn't apply.
 
    Eugene


________________________________

	From: RJLipkin at aol.com [mailto:RJLipkin at aol.com] 
	Sent: Tuesday, September 16, 2008 7:33 AM
	To: Volokh, Eugene; CONLAWPROF at lists.ucla.edu
	Subject: Re: Another Elementary Quesion on Lopez
	
	
	
	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
http://www.essentiallycontestedamerica.org/
<http://www.essentiallycontestedamerica.org/> 
	 
	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/> 



			
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