DeanC wrote:
Doh - I guess I knew that. I was thinking of the Federal laws which come into play if there are no state laws. What is that called - the Federal Safe Schools Act?
That was declared unconstitutional because it didn't affect interstate commerce. After which the law was re-passed, with the text "because it affects interstate commerce" appended. Since which, there haven't been any cases to hit the appellate courts.
My guess is the feds aren't prosecuting because they're afraid of having it struck down, again. (And because they really don't want to help build up a chain of cases limiting the commerce clause.)
As for the federal law concerning school zones, it applies regardless of state law. It does, though, provide for some exclusions, like possession on private property, or carrying with a permit issued by the state.