Gun-Free Zones at School: George H.W. Bush’s Questionable Gun Control Legacy

[Guinnessman]

Here is an article from the Mises Institute:


Gun-Free Zones at School: George H.W. Bush’s Questionable Gun Control Legacy



https://mises.org/wire/gun-free-zone...control-legacy

[BillSWPA]

George H. W. Bush also took steps to ban the importation of some modern sporting rifles. He is the only Republican presidential candidate I ever voted against.

The Iraq war was necessary when Saddam Hussein invaded Kuwait, and was preparing to move into Saudi Arabia. However, I will never understand why he didn’t finish the job. Leaving that job to his son was part of what got us 8 years of B. Hussein Obama.

George W. Bush was a mixed bag. His justice department argued for and won an individual right interpretation of the 2nd amendment, which has been a true game changer in the courts. However, he repeatedly said he would sign a renewal of the Clinton assault weapon ban had it passed Congress.

G. H. W. Bush also lost my respect when “Read my lips, no new taxes” became “read my hips” as he jogged away from reporters after signing a tax increase.

Both further damaged my opinion of them when one voted for Hillary Clinton in 2016, and the other didn’t vote. That said as much about where they stand as anything else they did. By doing so, they both proved themselves to be part of the swamp.


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[BillSWPA]

Re: the gun free school zones act, my law review case note discussed the Supreme Court opinion striking down the original law. Although a new law was passed purporting to address the deficiencies the court found, in my opinion the new law is as unconstitutional as the original. However, we are stuck with it unless and until it is tested and a court agrees with that view.



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[OlongJohnson]

The GFSZA is something that the firearms community doesn't talk about nearly enough.

IANAL, of course, but by my lay person's reading of the law and the many explanations of it...

Its real effect is to preempt any state condition of unlicensed or otherwise "constitutional" carry. The necessity of having any firearm unloaded and secured in a locked container or rack within 1000 feet (approximately two city blocks, give or take) of anything one knows is school grounds basically makes it impossible for most people to practically transport a firearm in any other condition, most of the time.

Take Washington State, which allows unpermitted open carry. Unfortunately, examples abound of primary thoroughfares that become off limits to non-permitted carriers. Interstate-5 passes directly adjacent to Burlington High School, so you can't drive through the county on the friggin' interstate without guns locked up. In another nearby town, the main route that people from all over the country take to and from a popular vacation destination passes directly adjacent to an elementary school. The house I grew up in is close enough to an elementary school that it's literally impossible to get to or from the house (even on foot, approaching from the opposite direction and trespassing through neighboring yards) without violating the 1000 foot perimeter. Visiting one of my parents a mile further down the two-lane country road would be possible, but would require about a ten-mile additional loop going the long way 'round to avoid the perimeter.

Getting a concealed pistol license in WA is simple and relatively inexpensive, even easier if you live out of state, so that solves the problem if you live there or visit often enough to make it worth it. But that doesn't help in most states.

Frankly, any talk of "Constitutional carry" at a state or local level is only symbolic. To freely carry and not frequently find oneself in violation of Federal law in any moderately populated part of the country, it is necessary to have a carry permit that meets the requirements of being an exception to the GFSZA prohibition. Constitutional carry can only be implemented at the Federal level, because it is ineffective without the repeal of the 1000-foot perimeter.

This is a pitfall that should be included in the counseling of any first-time gun buyer, and it wouldn't bother me if there was a reminder of it included with any firearm purchase (maybe add it to the 4473...).

It's kind of weird. This prohibition is preposterously severe if you think about it and take it seriously, but it's likely that simply the politics of attempting to roll back the GFSZA make it a non-starter for the firearms community to work on addressing.

[CleverNickname]

Getting a concealed pistol license in WA is simple and relatively inexpensive, even easier if you live out of state, so that solves the problem if you live there or visit often enough to make it worth it. But that doesn't help in most states.

Frankly, any talk of "Constitutional carry" at a state or local level is only symbolic. To freely carry and not frequently find oneself in violation of Federal law in any moderately populated part of the country, it is necessary to have a carry permit that meets the requirements of being an exception to the GFSZA prohibition.

You've also missed that in order to meet the requirements for an exemption to the GFSZA, you have to be licensed by the state in which the GFSZ is located. So if you're a Washington resident carrying on a Washington license then you're OK. If you're a non-resident with a Washington license you're also OK. But if you're a non-resident carrying on a license with which Washington recognizes (Utah for example), then you're OK by state law, but violating the GFSZA.

https://www.law.cornell.edu/uscode/text/18/922

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;

Getting a concealed pistol license in WA is simple and relatively inexpensive, even easier if you live out of state, so that solves the problem if you live there or visit often enough to make it worth it.

As an aside, I'm a non-resident who's had a Washington license since 2003. I guess you could say it's "easy" to get once you're there, but the requirement to apply and renew in person sure is a big PITA for someone who lives halfway across the country.

[BillSWPA]

One of the points made by the 5th Circuit Court of Appeals when it struck down the original law is that someone driving 950 feet away from a church kindergarten on the other side of a river during summer vacation with a gun in their window rack would be in violation. You might not even know you are within 1,000 feet of s school.



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[VT1032]

See, this is yet one more example why I think we need a shall issue ccw permit in Vermont in addition to our long standing constitutional carry. I used to think that was an unnecessary layer of bureaucracy, and was introducing infringements, but we are really limited in a number of ways without it. We only have reciprocity with other constitutional carry states. If we get a non resident permit from another state, there are a whole bunch of states that only recognize resident permits. Another bunch of states require you to have a resident permit from your home state to apply for their non resident permit. Then we get into this gun free zone discussion. In urban areas, this is a huge problem. If you go in google maps and put a 1000 foot perimeter around every school in the city, you will quickly see how big of a problem. I remember seeing a map like that which someone did for San Francisco (not that most can carry there anyway...) and basically the entire city fell within a gun free school zone. There were little slivers of land that weren't, but it effectively covered the vast majority of the city.

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