Lakeville, MN asked in Criminal Law and Federal Crimes for Minnesota

Q: Permit to carry while living in a school zone. How may I exit my property without breaking the law?

The area around my house is within the "1000 Feet" outline in Federal law. Other than being in a vehicle, what exceptions can be made for me exiting my property with a firearm without breaking this law?

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2 Lawyer Answers
Sarah Gad
Sarah Gad
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: That is an excellent question.

The Federal law that you speak of (18 U.S.C. §§922(q); 921(a)(25)) does indeed prohibit possession of a firearm that is within 1,000 feet of a public or public school, but it does NOT apply to possession of a firearm on private property that is NOT part of school grounds—such as a private residence. Assuming you live on private property in a private residence and you have a valid permit, you can possess a firearm in your home—even if it is within 1,000 feet of a school—without running afoul of Federal or local law. Once you encroach into public territory (i.e. a public sidewalk or road) that is <1,000 feet of a school, it becomes a different story.

With respect to vehicles, you can lawfully carry a firearm inside your vehicle within 1,000 feet of a school on a public road as long as the firearm is unloaded and in a locked firearms rack inside your vehicle while you are still within 1,000 ft proximity of the school.

To summarize: the 1,000 ft-rule does not apply to private property. You are permitted to have a firearm within 1,000 feet of a school without running afoul of Federal and state law, as long as: (1) the firearm remains on your private property; or (2) the firearm is unloaded and in a locked firearms rack in a motor vehicle while you are driving on a public road within 1,000 feet of a school.

I hope this helps!

Susanne Eltamimi agrees with this answer

Susanne  Eltamimi
Susanne Eltamimi
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: I agree with Sarah's answer. You can exit your property safely by keeping the firearm unloaded and locked inside a firearms rack inside your vehicle while you are still within 1,000 feet proximity of the school. You can also carry the firearm within 1,000 feet of a public school as long as the property your are on is private property. The keyword is "private." As a general rule, Federal law does not apply to activity that takes place on private property.

You can find additional guidance on local gun laws here: "Firearms in Minnesota:

Prohibited Locations" <https://www.lrl.mn.gov/docs/2011/other/110856.pdf>.

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