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 Gun-Free School Zones act with out-of-state permit 
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 Post subject: Gun-Free School Zones act with out-of-state permit
PostPosted: Sun Apr 05, 2009 9:06 pm 
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Location: 12 miles east of Lake Wobegon
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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PostPosted: Mon Apr 06, 2009 8:44 am 
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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>

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PostPosted: Mon Apr 06, 2009 10:16 am 
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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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PostPosted: Mon Apr 06, 2009 12:07 pm 
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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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