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Gun Free School Zone act questions

catastrophic_success

Regular Member
Joined
Jun 5, 2013
Messages
21
Location
oregon
So I am 19 years old, and can legally posses and open carry a handgun in my state ( Oregon ) but given how I am under the age of 21 I do not have a CHL

my main problem is that I am sort of "barricaded' by school zones, and things that I am not sure about. There are a few obvious school zones around me, But there are a few other things that pop up on google earth when I filter by "Schools"

my first question is does local law enforcement ever even enforce this? How could they? its not like they can have an officer with a giant measuring tape measure the exact distance from me to a school zone.

And second. I am not required to present ID if asked just for open carrying. If I choose not to identify myself they would have no way of knowing if I had a CHL or not.

Another concern is that if I am stopped and somehow identified. That the officer might think you have to be 21 to open carry in oregon ( false ) And would falsely arrest me. I've asked officers before ( understanding that they are not a valid source of info ) as a test to see what they said. Of course the officer I spoke to said you had to be 21 to carry openly.



Whats the deal with this?
 
Last edited:

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Go post your state-specific questions in the Oregon section. Folks there know more about Oregon law than the general membership.

stay safe.
 

Red Dawg

Regular Member
Joined
Dec 29, 2010
Messages
399
Location
Eastern VA, with too many people
I agree with Skidmark IRT posting in the state specific. GFSZ is a fed law, and from what WE HAVE SEEN, it is not usually enforced, unless forced...I.e. someone calling it in...Secondary to something else you are doing.. Passing through, is just something most people who carry guns don't worry about too much..
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
I agree with Skidmark IRT posting in the state specific. GFSZ is a fed law, and from what WE HAVE SEEN, it is not usually enforced, unless forced...I.e. someone calling it in...Secondary to something else you are doing.. Passing through, is just something most people who carry guns don't worry about too much..

The second iteration of the federal GFSZ law is just as unconstitutional as the first. It's ridiculous to presume just adding some 'justification' language to the law would somehow make it constitutional.

In any case, it has not been prosecuted against anyone not involved in actual illegal activity.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
... it has not been prosecuted against anyone not involved in actual illegal activity.

This.

catastrophic_success said:
I've asked officers before ( understanding that they are not a valid source of info ) as a test to see what they said. Of course the officer I spoke to said you had to be 21 to carry openly.

Don't ask cops what the law is, even to "test" them. It makes them feel like the experts they are obviously not, and it actually emboldens them to continue with their opinions. It is quite simply NOT THEIR JOB to know the law.
 
Last edited:

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
It most certainly IS their job to know the laws that they will be enforcing.

It is not their job to explain, teach, or even tell that law to others.

That being said, I second the notion never to ask a LEO what the law says. Whether it is their job or not, most don't know the law.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Sit on your front porch (if you have one), remain on your property, OCing and see what happens. It kinda sucks, I know, but it takes time to determine what will happen on the street.

I sit on my garage with the door open and clean my long guns. Makes for some interesting looks, and a drive-by by a police cruiser from time to time. None have deemed in necessary to stop, yet, but I am hoping they do. It could be fun.
 
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