Carrying near schools

I had a nice long chat with shooting buddy Mike B. today. One of the things we talked about was the situation of carrying a firearm near schools. I didn’t realize it but just because your CCW license is good in another state doesn’t mean it protects you from prosecution for simply carrying concealed in that other state.

Mike supplied the evidence.

Basically the Federal law against carrying within 1000 feet of a school has an exemption if you have a CCW issued by the state in which the school is in. But if, for example, you have a Washington state license which is recognized by Idaho but no Idaho license and you and I, both carrying firearms, go walking past a school here in Moscow you could be charged with a crime and I would be innocent of any wrong doing.

Just another example of Huffman’s Rule of Firearms Law.

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2 thoughts on “Carrying near schools

  1. I have known of this wrinkle for some time and always highlight it in the legal talk I give to students in CCW classes. I don’t think anyone has ever been charged or prosecuted under this Federal law, at least no one with a CCW from another state. I also always advise students to not rely solely on reciprocity or recognition if they visit another state often and can get a permit from that state. For example, I advise Western Wyoming residents to get an Idaho permit. Unfortunately, Idaho residents cannot get a Wyoming permit. But they can get Utah and Nevada permits, and should. I think they can also get Oregon permits because Idaho is a contiguous state. Not sure about Washington or Montana.

  2. I forgot to say I think this law is just as unconstitutional as it was the first time Congress enacted it and I hope it goes to the Supreme Court someday, but I don’t expect that anytime soon. Too many more important gun cases right now.

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