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Romans 10:13
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It will never pass as long as K - 12 is included.
 

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Gunstar1 said:
Rarely? I thought it was never enforced.
Um, that would be wrong.

U.S. v. Danks, 221 F.3d 1037 (8th Cir. 1999).

In April 1998, Danks shot at a car, which was parked within 1,000 feet of an elementary school.
Danks moved to dismiss the indictment against him, arguing that section 922(q), as amended in 1996 (the amended Act), is an unconstitutional use of Congress's Commerce Clause power. The District Court denied his motion . . .
Danks now appeals the order denying his motion to dismiss. We affirm.
. . . section 922(q) contains language that ensures, on a case-by-case basis, that the firearm in question affects interstate commerce. We hold that the amended Act is a constitutional exercise of Congress's Commerce Clause power.
 

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This court agrees with the Dorsey and Danks courts and finds that § 922(q) is constitutional.
U.S. v. Hall, --- F.Supp.2d --- (S.D.Ala. 2006) (not reported, available on Westlaw at 2006 WL 752986).

That one hits close to home . . .
 

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Eleventh Circuit sits here in Atlanta, and was deciding this case about a school zone in Alabammy.

The guy arrested had an Alabama firearms license!

On appeal:

The government argues that Tait's license is void for purposes of § 922(q)(2)(B)(ii) for two reasons: first, because Alabama's requirements for verifying an applicants' qualifications are too relaxed to ever qualify their licensees for § 922(q)(2)(B)(ii) protections . . .
Yeah, they prosecute it alright, even when you have a license! :wink:

The second government argument was that the defendant was a convicted felon, but he had his rights restored.

Anyway, back to the Alabama is "too relaxed" argument.

While the Alabama law is extremely lenient, it is nonetheless the only pertinent law. Alabama has chosen its laws, and these are the laws which determine whether the federal statute's exception applies. Alabama is free to set forth its own licensing requirements, and Congress chose to defer to those licensing requirements when it established “qualified under law†as its criterion for the exception to the Gun-Free School Zone Act. Therefore the government's first argument with respect to § 922(q)(2)(B)(ii) is rejected.
Wiley Block Tait, a former felon, possessed a firearm in a gun-free school zone. Under some circumstances, these facts would have subjected Tait to prosecution under 18 U.S.C. § 922. However, Tait violated neither 18 U.S.C. § 922(g)(1) nor 18 U.S.C. § 922(q)(2)(A) in this instance, because both sections have exceptions which legalized Tait's possession.
So, yes, they prosecute it, and yes, the Eleventh Circuit will uphold it. Tell Mobster989 this is one more reason for him to get the license.
 

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No, there is more, I was just posting some representative cases, and, remember, these only happen when people challenge the statute. If they plead guilty . . . or it gets plea bargained . . .

Anyway, there are lots, lots more. For example, I quoted a case from the 9th Circuit. There are lots of cases in the district courts in the 9th Circuit from Alaska to Hawaiito California to Montana upholding arrests and citing the case I quoted from their circuit.
 

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GAGunOwner said:
So basically Alabama law says you can carry at a school with a license but the feds say you cannot and they will prosecute.
Well, that is what the government said, but the government lost. The government appealed. The government lost again.
 

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GAGunOwner said:
How did this guy get arrested?
On November 3, 1997, the Atmore, Alabama Police Department arrested Tait after he allegedly placed a fully-loaded gun against a student's neck while on Escambia County High School property.
Here is the cite. U.S. v. Tait, 202 F.3d 1320 (11th Cir. 2000).
 

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At the time of Tait's alleged violations, Tait had three prior felony convictions in the state of Michigan: a 1958 conviction for the crime of Utter & Publish; a 1962 conviction for Attempted Larceny from a Motor Vehicle; and a 1968 conviction for Enter Without Breaking. Each conviction was punishable by imprisonment for a term exceeding one year. In March, 1997, the Escambia County, Alabama Sheriff's Department issued Tait a pistol license.
:shock:
 

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The district court determined that Michigan does restore civil rights to persons previously convicted, and that Tait's civil rights were so restored.
 
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