Recently, opponents of Prop. B have made false statements about the affect of Prop. B on the Federal Gun Free School Zones Act. Greg Jeffery explains the truth of the matter:
The Impact of Proposition B on the Federal Gun Free School Zones Act
by Greg Jeffery
The Federal "Gun Free School Zones Act" states (hereafter referred toas the Act):
"(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) shall 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;"
The Act supercedes any state or local law that is weaker * unless the Supreme Court rules that the Act is unconstitutional. Since the second passage of the Act, no cause of action has been filed challenging the legality of the Act. Therefore, the Act is the law of the land.
The Act addresses the question of possession of firearms on school property. The Act does not consider the question of firearms carriage; whether concealed or non-concealed.
Missouri requires that anyone acquiring a concealable firearm must first get a background check performed by local law enforcement and be issued a valid permit to acquire the firearm. Since the Act only seeks to control the possession of firearms without law enforcement review, the federal Act does not apply to possession of concealable firearms legally acquired under permit in Missouri. However, Missouri's statute generally prohibits the possession of any firearm in a school. Therefore, a concealable firearm legally acquired with a permit cannot be possessed in a school, but can be legally possessed in a "school zone" in full compliance with the federal Act.
Issuance of a permit under the provisions of Proposition B will require prior law enforcement review of the applicant and therefore will also be in full compliance with the federal Act. Firearms carried in compliance with the provisions of Proposition B can also be legally carried into a "school zone." However, Proposition B maintains and reaffirms that permits issued in accordance will not allow permit holders to carry concealable firearms into schools.
Carrying a firearm into a school before passage of Proposition B is a Class B misdemeanor. Carrying a firearm into a school after passage of Proposition B will still be a Class B misdemeanor. Therefore, passage of Proposition B will not change where firearms may be possessed as defined by the federal Gun Free School Zones Act.
Short and Sweet
Passage of Proposition B will have no impact on the federal Gun Free School Zones Act. The Act is a federal law and supercedes all state and local restrictions that may be more lenient than those contained in the Act.
Keep in mind that 43 states have some form of concealed carry laws. These states are also subject to the federal School Zones Act.
Right to Carry and School Zones
A breakdown of the 31 states with right-to-carry.
Only eleven states with concealed firearm laws prohibit the possession of concealed firearms on school property. Seven states with concealed firearm laws do not prohibit the carrying of concealed firearms into school buildings. Seven more states allow the carrying of concealed firearms into school buildings with prior permission. Seventeen states prohibit with or without a permit, carrying concealed firearms into school buildings. Missouri, if Proposition B passes will be one of the Seventeen states that prohibits carrying concealed firearms into school buildings with or without a permit.
Carrying a firearm into a school in Missouri is a Class B misdemeanor prior to passage of Proposition B. It will be a Class B Misdemeanor after passage as well.
For further information, see our website at www.moccw.org or send email to .
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