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Topeka Public Library posted with "School Gun Free Zone" sign

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  • Topeka Public Library posted with "School Gun Free Zone" sign

    I noticed yesterday that the Topeka Public Library is posted as a "School Gun Free Zone".

    I sent them an email asking why they could post that and this is their reply:

    "(security guy I emailed) forwarded your message to me asking about the Topeka and Shawnee County Public Library’s compliance with the Gun-Free Schools Zone Act (GFSZA) of 1994. This item is included in our Customer Conduct Policy which can be found at https://files.tscpl.org/tscpl.org/po...uct-Policy.pdf

    The federal law, Gun-Free Schools Zone Act of 1994 (Title 18 U.S.C. Chapter 44 Section 922(q)) prohibits individuals from carrying a firearm within 1,000 feet of an elementary or secondary education facility. All of the library buildings and property are within 1000 feet of Lowman Hill Elementary School, including the property at 1001 SW Garfield."


    Thoughts? The GFSZA exempts PRIVATE buildings with 1000 feet, but the library is a PUBLIC building.

    It seems to me that the exemption for CC license holders should allow a CC license holder to carry in the Library.

    Can the library get by with signage that is in contradiction of Kansas Law?


  • #2
    The gfsz law ITSELF exempts licensed gun carriers.

    A state issued concealed carry LICENSE is a license.

    The exemption in 94 was to exempt police, but it isn't written that way, it exempts anyone with a gun license.
    Gone. Good riddance.
    Watch the **** storm continue without me.

    Comment


    • #3
      Title 18 922(q) says schools K-12. It does extend to places with a scheduled school function. If the school decides to send an entire class or a portion of that class to a library for a certain time, then during that time the library is a school.
      But if kids go there on their own to study or deal drugs it isn't a school.
      If it is within 1,000 foot radius it is inside te school zone but that does not authorized posting te sign which would extend teh zone an additional 1,000 feet.

      As ever having a Kansas CCH exempts a person from a Kansas school zone.

      IF the Senate passes HR 38 National Reciprocity, the any state license will work in any state's gun free zone.

      Also Corps of Engineers land and water would themn allow carry. Right now it is illegal to have a loaded firearm on Corps land or water with an exception for lawful hunting in season. Otherwise no go.
      The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome.
      If your religion says suicide and murder are wrong; Aren't you doing both if you are not prepared to defend your life and the lives of others?
      I am not a lawyer, but I have personal opinions.

      Comment


      • #4
        People get confused when I point out that the CCH allows possession of the gun in the GFSZ, but if it is used (read: fired), even in a legitimate defensive situation, now it's a violation of the Fed law. Of course, politicians made all this up, so some stupidity is to be expected. Ace2
        Sometimes the term 'Idiot' is a description and not an insult.

        Comment


        • #5
          Originally posted by Ace View Post
          People get confused when I point out that the CCH allows possession of the gun in the GFSZ, but if it is used (read: fired), even in a legitimate defensive situation, now it's a violation of the Fed law. Of course, politicians made all this up, so some stupidity is to be expected. Ace2
          Our friend, Judge Journey says that no prosecutor would file charges if it was a case of legitimate self-defense to save a life. To which I said then why do the laws provide an exception for LEO to discharge their firearm?

          The laws need to say, in print, that self-defense or defense of another is always an exception to any so-called GFZ or other stupid law.

          The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome.
          If your religion says suicide and murder are wrong; Aren't you doing both if you are not prepared to defend your life and the lives of others?
          I am not a lawyer, but I have personal opinions.

          Comment


          • #6
            Originally posted by Jim Macklin View Post

            Our friend, Judge Journey says that no prosecutor would file charges if it was a case of legitimate self-defense to save a life. To which I said then why do the laws provide an exception for LEO to discharge their firearm?

            The laws need to say, in print, that self-defense or defense of another is always an exception to any so-called GFZ or other stupid law.
            Flexablity maybe, they can charge people they don't like and not charge people they do like

            Ambiguity in the law is not unusal, remember how the old knife law read, "dangerous knife"

            I'll let you reason out why ambiguity in the law exists

            "I suppose it's tempting, if the only tool you have is a hammer, to treat everything as if it were a nail...." ~Abraham Maslow~

            "Skill makes you harder to kill" ~ Unknown

            Comment


            • #7
              Being a Fed GFSZ, the local DA can deem it justifiable, no State charges, no harm no foul. The Fed prosecutor could say 'Oh, yeah, BUT you were close to a school, so.....' The odds of a US Attorney filing charges? Wouldn't want to guess. But the possibility is there. And like ricco said, if they don't like you (or if you are the wrong skin color compared to your attacker, or wrong socioeconomic status compared to your attacker, or....).....

              Back when the old knife law was in effect, I carried a 3.9" knife, and in CCH classes would show students how I had written 'SAFE' on the blade in magic marker, so nobody would mistake it for 'dangerous'. Most got the joke---and the point. Ace2
              Sometimes the term 'Idiot' is a description and not an insult.

              Comment

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