So can we carry in Ohio now?

[Hornett]

So having only a indiana ltch you cant drive past a school with a firearm in ohio?

No.
And some poor sap is going to pay dearly for it.

 

[Beowulf]

Better question is how many times are the Feds enforcing that 1000 ft thing? The law is completely unconstitutional as per not just the 2nd Amendment (duh) but also recent Supreme Court rulings.

So, is this a real thing or just a stupid law that they know is unenforceable?

For reference, I believe this is the Federal code that covers this:

(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;
(iii) that is—(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

 

[Thegeek]

So having only a indiana ltch you cant drive past a school with a firearm in ohio?

I rest my case. If you're an out of towner, #1 how do you know about this law, and #2 how do you know where schools are?

 

[Mr. Habib]

(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.
1) This a federal law. Hows does being from out of town matter?
2) If you don't know that you have entered a school zone then you haven't violated the law.

 

[drillsgt]

Even if it is legal it will take years before ALL of the cops in Ohio get with that program. Ohio cops are, for the most, a gang of jack booted thugs. A lot of them would just as soon shoot you and fill out the paperwork and go home. They have held the view that anyone with a gun and no badge is a bad guy for many years.

We have some OH cops in my unit, they didn't even know IN residents couldn't carry there.

 

[slowG]

And i bet most still dont

 

[Thegeek]

(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.
1) This a federal law. Hows does being from out of town matter?
2) If you don't know that you have entered a school zone then you haven't violated the law.

What the hell does that mean???

 

[ATM]

What the hell does that mean???

That bit was added after the Supreme Court tossed the first attempt at this ridiculous law as unconstitutional.

Gun-Free School Zones Act of 1990 - Wikipedia, the free encyclopedia

There now, doesn't that additional qualifier make everyone feel much better about the original legislative infringement and the nature of our system to generally grant itself or "discover" the power to impose anything it wants?

 

[Thegeek]

In laymens terms please: that has moved in or that otherwise affects interstate or foreign commerce

How does my privately owned firearm fall under that clause?

 

[chipbennett]

We have some OH cops in my unit, they didn't even know IN residents couldn't carry there.

Ohio is an Open Carry state. IN residents *can* carry in Ohio, currently - openly. The law that goes into effect March 23 only impacts *concealed* carry.

 

[Mr. Habib]

All or part of your firearm, including raw materials, has at some time been sold across state or national borders. Example: You purchase a gun from your LGS. They in turn had purchased it from a distributor. They purchased it from the manufacturer. They bought the raw materials and parts from their vendors. Each of those entities is located in a different state. Each one of those transactions affects interstate commerce.

 

[chipbennett]

All or part of your firearm, including raw materials, has at some time been sold across state or national borders. Example: You purchase a gun from your LGS. They in turn had purchased it from a distributor. They purchased it from the manufacturer. They bought the raw materials and parts from their vendors. Each of those entities is located in a different state. Each one of those transactions affects interstate commerce.

But that commerce ceases once the transaction is complete. If I purchase a firearm in-state, from an in-state FFL, I have not engaged in interstate commerce.

 

[ATM]

In laymens terms please: that has moved in or that otherwise affects interstate or foreign commerce

How does my privately owned firearm fall under that clause?

The legislative branch wanted to impose a restriction, so they passed a law and the executive branch signed it into being.
They were told by the judicial branch that they didn't have the constitutional authority to do that, so it got axed.
The legislative branch fabricated an extremely weak justification for the authority to again enact the same restriction it had originally tried.
Again, it was signed into law by the executive.
It still stands as current law and as one of the best (that is to say, most egregious and logically absurd) examples of abusing and contorting the spirit of the commerce clause in an attempt to justify a federal authority to intrude upon matters otherwise reserved to the states or the people.

But that commerce ceases once the transaction is complete. If I purchase a firearm in-state, from an in-state FFL, I have not engaged in interstate commerce.

Congress will argue that school zone gun violence has an effect on interstate commerce via disruption of the educational process even after the gun ceases to be the object of commerce.

 

[chipbennett]

Congress will argue that school zone gun violence has an effect on interstate commerce via disruption of the educational process even after the gun ceases to be the object of commerce.

That's utterly absurd - which means you're absolutely correct. The federal government has abused the commerce clause to give themselves unlimited power.

 

[Thegeek]

The legislative branch wanted to impose a restriction, so they passed a law and the executive branch signed it into being.
They were told by the judicial branch that they didn't have the constitutional authority to do that, so it got axed.
The legislative branch fabricated an extremely weak justification for the authority to again enact the same restriction it had originally tried.
Again, it was signed into law by the executive.
It still stands as current law and as one of the best (that is to say, most egregious and logically absurd) examples of abusing and contorting the spirit of the commerce clause in an attempt to justify a federal authority to intrude upon matters otherwise reserved to the states or the people.




Congress will argue that school zone gun violence has an effect on interstate commerce via disruption of the educational process even after the gun ceases to be the object of commerce.

I don't really care the political history of the statement. What does it mean?

 

[ATM]

I don't really care the political history of the statement. What does it mean?

That's the point, it means nothing apart from the legislative necessity of its inclusion to widen the authority of congress to enact its prohibition.

It serves no other purpose or function and has no impact upon the actual sentence.

It does not serve in any manner to limit the scope, style or type of firearm prohibited.

You could omit that clause completely and the remaining sentence would mean exactly the same thing for all practical purposes.

If you can't tell, I despise it.

 

[RobbyMaQ]

Isn't there something in Ohio State law about 'Must inform' during a traffic stop? Sorry if this is incorrect, trying to recall.

Nevermind (I think) looks like that does not apply to reciprocity:?
http://www.handgunlaw.us/states/ohio.pdf

 

[romad7]

Isn't there something in Ohio State law about 'Must inform' during a traffic stop? Sorry if this is incorrect, trying to recall.

Nevermind (I think) looks like that does not apply to reciprocity:?
http://www.handgunlaw.us/states/ohio.pdf

Yes, we must inform here. I would think that applies to everyone who carries here.

 

[RobbyMaQ]

Yes, we must inform here. I would think that applies to everyone who carries here.

oops. No person shall fail to inform...
like a double negative threw me there. I suck at legaleze.
So must inform (ohio citizen or not)

 

[Thegeek]

That's the point, it means nothing apart from the legislative necessity of its inclusion to widen the authority of congress to enact its prohibition.

It serves no other purpose or function and has no impact upon the actual sentence.

It does not serve in any manner to limit the scope, style or type of firearm prohibited.

You could omit that clause completely and the remaining sentence would mean exactly the same thing for all practical purposes.

If you can't tell, I despise it.

Say it with me..... "I don't know"