SouthernBoy
Regular Member
The federal law makes no mention of having a permit to carry a fiream. Rather it states that,
"... 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"
In Virginia, as in many (most?) states, there is no requirement to obtain a license as a prerequisite of firearm's possession, so that is a bit of a conflict. Next, you'll notice that nothing is stated that you must have said "license" on your person should you be carrying a firearm within a school zone, only that you must have said license to possess that firearm. And then, what about states like Vermont, Alaska, and Arizona which have no requirement at all for their citizens to obtain a concealed carry permit (which, once again, is NOT mentioned in the federal statute) should they venture within the magic perimeter?
So here we have this scenario. A man is out for his morning walk, a portion of which happens to occur across the street from an elementary school, and a police officer takes notice of his openly carried sidearm. The officer approaches the man, utters a few words, then asks for an ID to which the man declines to offer.... because he doesn't have to show one and because his wallet is back at his house. No ID, openly carried sidearm, and a school across the street. And no "license to possess" a firearm because that is not a requirement in his state.
Interesting.
"... 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"
In Virginia, as in many (most?) states, there is no requirement to obtain a license as a prerequisite of firearm's possession, so that is a bit of a conflict. Next, you'll notice that nothing is stated that you must have said "license" on your person should you be carrying a firearm within a school zone, only that you must have said license to possess that firearm. And then, what about states like Vermont, Alaska, and Arizona which have no requirement at all for their citizens to obtain a concealed carry permit (which, once again, is NOT mentioned in the federal statute) should they venture within the magic perimeter?
So here we have this scenario. A man is out for his morning walk, a portion of which happens to occur across the street from an elementary school, and a police officer takes notice of his openly carried sidearm. The officer approaches the man, utters a few words, then asks for an ID to which the man declines to offer.... because he doesn't have to show one and because his wallet is back at his house. No ID, openly carried sidearm, and a school across the street. And no "license to possess" a firearm because that is not a requirement in his state.
Interesting.
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