Jump to content

Entering a library or bus


max503

Recommended Posts

 

Technically all prohibited locations must be posted including those prohibited by law. I doubt it would provide much of a defense to say you didn’t see a sign but they are still required to post.

 

 

I think it's a great idea to NOT carry in any place you KNOW is prohibited...even if it's not posted. ESPECIALLY a school. I have visited schools that are not posted. If you carry or even FOID transport in a school, you are going to jail. If you bring a gun into a school and it's discovered, the staff is REQUIRED to call the police and the school will be completely locked down. The law is dumb...but don't do it.

Link to comment
Share on other sites

Schools, nuclear facilities, and federal buildings are different because they are GFZs by federal law, not state law. State law says they have to post, but if you take a firearm there, the feds won't care if they neglected to post.

Nuclear facilities and federal buildings are prohibited under Title 18 U.S.C. No state can pass a law that overrides this prohibition.

 

Schools are NOT off-limits under Title 18 U.S.C. The federal law making schools GFZs is the Federal Gun Free School Zone Act. This law makes it illegal to carry within or on the premises of a K-12 school or within 1,000 feet of a school's property, but allows for an exception subject to the laws of the state for individuals licensed by the state to carry a firearm in the school. If this law was the reason we could not carry in schools, our licenses would not allow us to carry within 1,000 feet of a school, including in our car in the parking lot. Clearly this is not the case. A few states have laws allowing licensees to carry in schools. If what you say were true, this would be prohibited by federal law.

 

As the FCCA is what governs the prohibition from carrying in K-12 schools, the law most certainly DOES require the schools to post, but as I stated earlier, one flaw in the FCCA (or considering the source, perhaps a feature) is that while they are required to post, there is no penalty to them for non-compliance. If you are caught carrying in a school with a valid license, the charge would be a violation of the FCCA. Period.

 

Now, if you are caught carrying in a school and you do not have a FCCL? Perhaps they would get the feds involved for a GFSZA violation, but my bet would be they bring a UUW or AUUW charge.

Link to comment
Share on other sites

Being on a bicycle, I don't think it would be very easy to discreetly take your gun out of its concealed position, unload it, case it in a separate container, and then continue as a FOID carrier. I'd say either don't go to such a location, or don't have your gun with you if you go. Follow the law. Of course following the law is what all of us as law abiding citizens do all of the time anyway.

I use a case with a lock for this type of situation. While still loaded it is not immediately accessible and therefore is being transported.

You might want to go to Illinois courts dot com and study up on that case law. I do not think you will continue to make this assumption.

Link to comment
Share on other sites

I use a case with a lock for this type of situation. While still loaded it is not immediately accessible and therefore is being transported.

 

As long as you do NOT have the key on you, fine.

 

As long as you have the means to open the locked case on you (PIN, Fingerprint, key etc) then courts have already decided that this does NOT qualify for transport under ‘not immediately accessible’ unless the firearm is also unloaded.

 

This is intended for situations like the trunk of the car where you must exit the car to access it.

Link to comment
Share on other sites

Being on a bicycle, I don't think it would be very easy to discreetly take your gun out of its concealed position, unload it, case it in a separate container, and then continue as a FOID carrier. I'd say either don't go to such a location, or don't have your gun with you if you go. Follow the law. Of course following the law is what all of us as law abiding citizens do all of the time anyway.

I use a case with a lock for this type of situation. While still loaded it is not immediately accessible and therefore is being transported.

 

You might want to go to Illinois courts dot com and study up on that case law. I do not think you will continue to make this assumption.

 

 

I use a case with a lock for this type of situation. While still loaded it is not immediately accessible and therefore is being transported.

 

As long as you do NOT have the key on you, fine.

 

As long as you have the means to open the locked case on you (PIN, Fingerprint, key etc) then courts have already decided that this does NOT qualify for transport under ‘not immediately accessible’ unless the firearm is also unloaded.

 

This is intended for situations like the trunk of the car where you must exit the car to access it.

 

I stand corrected. I would argue though that pulling a loaded gun out of a locked case would be much slower than pulling it and a magazine out of something like a sneaky Pete and loading it.

Link to comment
Share on other sites

  • 3 weeks later...

So assuming that the law applies equally to Libraries and Educational institutions, I checked with my college police chief and his answer was "No, you cannot FOID carry in the school". Our school is posted and says in the handbook that you cannot carry a firearm in the school. It does not say CCW or FOID carry.

 

So my "Assumption" is that carrying either concealed or in rug i.e. FOID carry would be considered breaking the law.

 

Personally when I go to the library I disarm and lock my gun in my car safe, using the door as a cover. And rearm when I get back. So far no issues. I am not sure how you would do that on a bike.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...