Does anybody deal with 922 - school zones?

Discussion in 'NFA/Class 3 & FFL Discussion' started by ggenovez, Feb 13, 2014.

  1. ggenovez

    ggenovez New Member

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    Hi, everyone,

    I'm within the 1000 feet of a school zone, and according to USC 922 and my ATF agent I need to ensure my customers comply with it.

    How do you handle this?

    Sounds like I should have a small supply of gun cases and padlocks.

    Is this what you do?

    I would hate to lose customers because they can go a couple blocks over and not have to deal with this..




    18 USC § 921(a)(25) The term “school zone” means—

    (A) in, or on the grounds of, a public, parochial or private school; or

    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    18 USC § 922 (q)(2) --

    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    (B) Subparagraph (A) does not apply to the possession of a firearm—

    (i) on private property not part of school grounds;

    (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;

    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

    (vi) by a law enforcement officer acting in his or her official capacity; or

    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
     
  2. clr8ter

    clr8ter New Member

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    How are you supposed to ensure your customers comply with that? If on your property, yes, but off your property, and in the school zone, nothing you can do. Why would you put a gun shop in a school zone in the 1st place? Too much hassle. The way I read the above law, BTW, it seems that if you have your local CCL, you can not only have your gun in the school zone, but loaded and inside the school, too…is that right?
     

  3. ggenovez

    ggenovez New Member

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    Thanks for your feedback clr8ter, unfortunately, I'm home based and wasn't aware of the 1000 ft rule.

    922 does not apply to CHL/CCL as described here
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located

    The ATF agent basically said that every firearm leaving my business must be in a locked container. Similar to the Child Safety Lock Act (CSLA).

    So I'm wondering what everyone else is doing about this.

    Thanks again.

    G
     
  4. mountainman13

    mountainman13 New Member

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    Aren't you supposed to sell guns with a lock anyway?

    better judged by twelve than carried by six.
     
  5. clr8ter

    clr8ter New Member

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    So, in your quest to open a gun shop, no one in your local or state govts., or the ATF or anyone else told you about that 1000' rule??!!

    Around here, there are no gun shops that I'm aware of that are in any school zone. If someone wanted to do that, my guess is that they would be highly discouraged from doing so, even though we are a very gun-friendly state. Some new guns come in a container that can be locked, which would be fine, but if I were to be inconvenienced in any way, that gun shop would have to be offering a SUPER good deal in order for me to buy something there. Your alternative may be to lock it and transport it out of the school zone, and give it to them in a parking lot, or something. Still...
     
  6. ggenovez

    ggenovez New Member

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    Hey mountainman13, my understanding is we're supposed to sell gun locks for handguns, but the 922 law states that ALL firearms must be in a locked container.

    clr8ter, no no one told me, and I never saw it in the application form or anywhere else. in fact when the ATF agent was going through his check list, and I said yes. He paused and said oh yeah there's a school on the next street over. Not a problem just make sure all the guns leaving your place are in a locked container. So he didn't think much of it.

    So it was never disclosed until the meeting. It's actually a federal law that everyone ignores. You don't need to be licensed to have a gun in your vehicle right? the 1000ft radius is from the edge of the school property, almost 1/5 of a mile all the way around. Imagine how many armed people are driving by ignorant to this law, or how many people pull into a school parking lot when they get pulled over thinking they're covered under castle law / and I'm not sure which one has precedence.
     
  7. clr8ter

    clr8ter New Member

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    Only new guns I have bought have had locks. Used ones, never, that I remember. This situation is confusing. I have never seen a complete list of federal & state gun laws in one place, in an easy to read format.
     
  8. ggenovez

    ggenovez New Member

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    Yes it is. That's why I'm hoping someone with more experience can chime in.
     
  9. mountainman13

    mountainman13 New Member

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    As long as you issue the lock as required it isn't your issue once they leave your promises. It's not the first time I've seen something silly like this. First example that comes to mind is a local gun shop that is located in a post office. Yep you read that right. You walk through a post office to enter and exit this shop. Everyone that goes there or delivers guns there is in violation of the law. Nobody (except me) has ever thought twice about it. There are a multitude of people in my area that are licensed to carry and live inside the school zone. I also know of a shooting range that is in a school zone. Generally speaking as long as you stay off of school property you are fine. Get nailed for something and then they may tack on the violation.
    Make sure you are following the law. What the customer does when they leave is their problem.

    better judged by twelve than carried by six.
     
  10. ggenovez

    ggenovez New Member

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    WOW, that's crazy! Yup. Post office is a "federal building".

    When you say issue the lock, are you referring to only handguns? and I'm guessing you're talking about the trigger lock, not the locked container that 922 is referring to. correct?
     
  11. mountainman13

    mountainman13 New Member

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    I'd pick up a load of cable locks. If you have a handgun that doesn't come with a trigger lock or box you can use a cable lock. Cable lock will work with bolt actions etc. You may need some spare trigger locks for the few guns that a cable lock won't work with. You can sell cases. If the cases are on hand and locks are issued there is No doubt you are doing your part. If a customer leaves your establishment and chooses not to purchase a case or use the supplied lock it is their violation. You're not responsible.

    better judged by twelve than carried by six.
     
  12. John_Deer

    John_Deer New Member

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    Many pistols come in a plastic container that can be locked. Just get some cheap padlocks for your customers to lock up their guns.

    Personally I would look for another location. If you have an ND iin the shop you will be charged with firing a gun in a school zone. Don't think an ND cannot happen to you. Murphy is everywhere, including your gun shop.
     
  13. JonM

    JonM Moderator

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    are you in wisconsin?? our ccw laws pre-empt federal murder spree child killing zones. if a ccw holder is in a one of those zones that promote child murder they donnt have to comply.

    check your state's actual ccw and weapons laws.
     
  14. Rick1967

    Rick1967 Well-Known Member

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    There is a pawn shop near me. It is in a school zone. I have a ccw. So I don't worry about it. But they have a sign on the outside of the building near the front door. It says, "We are within 1000 feet of a school. All guns must be unloaded and in a locked container". Something like that anyway. Inside the business the guns are available to be handled unlocked. It is private property after all.
     
  15. SSGSF

    SSGSF New Member

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    Instead of buying a lot of key locks get some zip ties or cable ties that way you can keep your cost down.
    And you can get them in all different sizes.
    I shop at a gun store that is right across the street from a high school I have never had a problem.

    Sent from my iPhone using Firearms Talk
     
    Last edited: Feb 15, 2014