CCW PERMIT AND SCHOOL CARRY IN RI

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CCW PERMIT AND SCHOOL CARRY IN RI

Postby YKCOR1313 » Mon Jun 15, 2015 2:00 am

I've been following the story in the Projo about the bill that wants to ban anyone with a CCW from carrying on school property. I was always under the impression that only LEO's could carry on school property and that us regular folks were banned even if we had a permit. Does anyone have any information that might be able to help clear this up? I'd never carry on school property anyway because it could only lead to problems, and I don't want to make the front page of the Projo or be the top story on six o'clock news. I'd also like to see a list of places that are off limits to anyone with a permit. We all know about Post Offices and Court Houses, and I'd really like to see a list with a complete and accurate listing of all banned areas.Hopefully the owners of RIFOL could have a BANNED CARRY PLACES in the legal questions section that had an up to date listings of banned areas.
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Re: CCW PERMIT AND SCHOOL CARRY IN RI

Postby Blast54 » Mon Jun 15, 2015 12:25 pm

From 11-47-11:
(a) The licensing authorities of any city or town shall, upon application of any person twenty-one (21) years of age or over having a bona fide residence or place of business within the city or town, or of any person twenty-one (21) years of age or over having a bona fide residence within the United States and a license or permit to carry a pistol or revolver concealed upon his or her person issued by the authorities of any other state or subdivision of the United States, issue a license or permit to the person to carry concealed upon his or her person a pistol or revolver everywhere within this state for four (4) years from date of issue,


Notice: everywhere within this state
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Re: CCW PERMIT AND SCHOOL CARRY IN RI

Postby RImike » Mon Jun 15, 2015 12:48 pm

This was covered in a prior thread. There are two states in play, the US law and the RI law.

First lets look at the law on a federal level:
The Gun-Free School Zones Act (GFSZA) is a federal United States law that prohibits any unauthorized individual from knowingly possessing a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone as defined by 18 U.S.C. § 921(a)(25).



There are however exceptions where the law doesn't apply (bolded the relevant info):
Pursuant to 18 U.S.C. § 922(q)(2)(B):

[18 U.S.C. § 922(q)(2)(A)] does 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;

(iii) that is—

(I) not loaded; and

(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Pursuant to 18 U.S.C. § 922(q)(3)(B):

[18 U.S.C. § 922(q)(3)(A)] does not apply to the discharge of a firearm—

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

(iv) by a law enforcement officer acting in his or her official capacity.


So Constitutional carry states are out, the state has to issue a permit. Hold on, I am sure your asking "are police a political subdivision of the state?" Yes, they are!
POLITICAL SUBDIVISIONS are local governments created by the states to help fulfill their obligations. Political subdivisions include counties, cities, towns, villages, and special districts.

As we know, 11-47-11's first sentence is
The licensing authorities of any city or town shall
which confirms that it is indeed a political subdivision.

As for state law, 11-47-11 explicitly states "everywhere within the state".
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Re: CCW PERMIT AND SCHOOL CARRY IN RI

Postby n1bsbri » Mon Jun 15, 2015 2:26 pm

Blast54 wrote:From 11-47-11:
(a) The licensing authorities of any city or town shall, upon application of any person twenty-one (21) years of age or over having a bona fide residence or place of business within the city or town, or of any person twenty-one (21) years of age or over having a bona fide residence within the United States and a license or permit to carry a pistol or revolver concealed upon his or her person issued by the authorities of any other state or subdivision of the United States, issue a license or permit to the person to carry concealed upon his or her person a pistol or revolver everywhere within this state for four (4) years from date of issue,


Notice: everywhere within this state

Except for a back lot in a deserted industrial area in Johnston.

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Re: CCW PERMIT AND SCHOOL CARRY IN RI

Postby newportri » Mon Jun 15, 2015 4:16 pm

Oh, it is legal in a "back lot in a deserted industrial area in Johnston", but the Chief in Johnston doesn't like it and since he thinks he is above the law he will arrest you and illegally confiscate and hold your personal property because he believe he will get away with it.
....the right to keep and bear arms, shall not be infringed.
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Re: CCW PERMIT AND SCHOOL CARRY IN RI

Postby Blast54 » Mon Jun 15, 2015 4:32 pm

newportri wrote:Oh, it is legal in a "back lot in a deserted industrial area in Johnston", but the Chief in Johnston doesn't like it and since he thinks he is above the law he will arrest you and illegally confiscate and hold your personal property because he believe he will get away with it.


Was hoping he would be in front of judge explaining himself... I think he realized that is what was going to happen so as much as it pained him, he gave in.
Sucks being held accountable
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