Gun-Free School Zones act with out-of-state permit
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MostlyHarmless
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Post subject: Gun-Free School Zones act with out-of-state permit Posted: Sun Apr 05, 2009 9:06 pm |
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Senior Member |
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Joined: Tue Sep 23, 2008 3:24 pm Posts: 471 Location: 12 miles east of Lake Wobegon
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Urban legend has it that out-of-state permits are not valid within 1000 feet of a school due to the interaction of state and federal law. Is this true, or merely urban legend?
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DeanC
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Post subject: Posted: Mon Apr 06, 2009 8:44 am |
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Longtime Regular |
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Joined: Thu Mar 09, 2006 9:54 am Posts: 5270 Location: Minneapolis
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I am fairly certain that the act specifically defers to state laws. The act is only in effect if there are no state laws. </too lazy to look it up and would rather shoot from the hip on a Monday morning>
_________________ I am defending myself... in favor of that!
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kimberman
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Post subject: Posted: Mon Apr 06, 2009 10:16 am |
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Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
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A "recognized" carry permit issued by another state is equivalent to a Minnesota-issued permit for all purposes. They are expressly granted identical "rights, privileges" etc. by Section 624.714, Subd. 16.
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MostlyHarmless
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Post subject: Posted: Mon Apr 06, 2009 12:07 pm |
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Senior Member |
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Joined: Tue Sep 23, 2008 3:24 pm Posts: 471 Location: 12 miles east of Lake Wobegon
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True enough under state law. The federal law at issue, however, goes into some detail in mandating that the exemption only applies if the permit is issued by the state where the exempted carry takes place, or one of the political subdivisions of the state, and only then if certain minimum requirements are met by the issuing agency (e.g. requiring a background check). The federal law does not include language allowing a permit recognized by the state, only a permit issued by the state.
Is there any case law on this?
In the same light, have there been any prosecutions under this law? It's the sort of feel-good statute that federal prosecutors often view as a relatively low priority.
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