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?
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
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>.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
