School Safety Zone

819 Views 6 Replies 6 Participants Last post by phantoms, May 12, 2011

Howerpower

Discussion Starter · Mar 11, 2011

Alrighty, I know this has been covered before...so please forgive. I searched and couldn't find that thread I was looking for.
I know that there is some "gray area" surrounding the school safey zone and what it covers and does not cover. I know that I am allowed as GWL holder to have my gun in my car when i am within these limits. I was curious as to the legality if i get outside my vehicle (withiin the 1000ft school safety zone) with my gun to perform normal daily functions like go to the QT or to the bank.

Here is a passage from O.C.G.A. Â§ 16-11-127.1:

(d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.

Am I safe to assume that I would be okay as long as my intent is to perform normal daily duties and not anything illegal??

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· #2 · Mar 11, 2011

the 1000 ft is gone from the code as of last year.

(1) "School safety zone" means in or on any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in or on the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.

Yes, some of the wording in the remaining sections was not re-written and so still appears as though a "zone" beyond the school exists, but it does not.

That said, one's "intent" was never part of the code.

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Suburbbus

· #3 · Mar 11, 2011

It now is school property.

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vandstra

· #4 · May 12, 2011

Hi all, I am new to the forum and was looking for a thread that addresses the change to O.C.G.A. Â§ 16-11-127.1, where "school safety zone" is defined.

As was pointed out, the new language omits the "1000 Yard" provision. If you do a google search for O.C.G.A. Â§ 16-11-127.1, most (if not all) of the results still reference the old language:

"16-11-127.1.
(a) As used in this Code section, the term:
(1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education. "

However, referencing the same code from GAPacking courtesy LexisNexis, the updated code is available:

"(a) As used in this Code section, the term:

(1) "School safety zone" means in or on any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in or on the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education."

I sense there is still some confusion out there regarding the definition of a "school safety zone" as it pertains to weapons carry. The exclusion of the "1000 yard" provision is huge, in my opinion, as it decriminalizes carry in places that just happen to be adjacent to, but not on, school property.

Thoughts, anyone?

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CountryGun

· #5 · May 12, 2011

School safety zones are dead. The exception , and only for non-GWL holders, is under the Federal School Safety Zone Act. If you do not have a GWL, the federal law still applies, and apparently even includes military carrying on their ID cards alone. (They are otherwise exempt under OCGA 16-11-130.) Under Georgia law, you may even enter a school building, to sign out your underage child, but CC is advised by most LEOs to avoid panic. My CLEO respects the right of carry into the school, but he's said he dreads the MWAG calls.

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Adam5

· #6 · May 12, 2011

vandstra said:
However, referencing the same code from GAPacking courtesy LexisNexis, the updated code is available:

"(a) As used in this Code section, the term:

(1) "School safety zone" means in or on any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in or on the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education."

I sense there is still some confusion out there regarding the definition of a "school safety zone" as it pertains to weapons carry. The exclusion of the "1000 yard" provision is huge, in my opinion, as it decriminalizes carry in places that just happen to be adjacent to, but not on, school property.

Thoughts, anyone?

GA Packing and GA Carry both reference Lexis Nexis. This is because Lexis Nexis is what the State of GA uses for its official references to OCGA.

It's not as confusing as it sounds.

The 1000ft "safety zone" no longer exists in current official GA code. The code section now references school property.

Even when the "safety zone" was in the law, there was an exemption for GWL (then GFL) holders transaction daily business, passing through, and picking/up dropping off students.

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phantoms

· #7 · May 12, 2011

vandstra said:
I sense there is still some confusion out there regarding the definition of a "school safety zone" as it pertains to weapons carry. The exclusion of the "1000 yard" provision is huge, in my opinion, as it decriminalizes carry in places that just happen to be adjacent to, but not on, school property.

You are confusing a thread on the Federal school zone and Georgia School zone. BTW, to check Georgia laws and the Georgia Constitution, go to http://www.lexisnexis.com/hottopics/gacode/. They're all there for you to read, including 16-11-127.1 .

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