Did You Know...

02-15-07 In the last Independent, Vernonia School Distict Superintendent Ken Cox addressed the issue of a firearm being brought onto school property by someone picking up a student. As Superintendent Cox mentioned, he spoke with me to let me know he was going to address the subject in his article. Since that time I have been visited by a citizen who researched the Federal Statute on-line and has some concerns regarding what they found out. Many of you may not be aware of what this statute requires or prohibits so let's do a quick review. Federal Law 18 U.S.C. 922(q)(1) is part of the Gun Control Act of 1968. A general synopsis of 922(q) is as follows: it is generally unlawful to knowingly possess a firearm within a school zone (1000' from the grounds of a public, parochial, or private school), does not apply to possession on private property not part of the school grounds (e.g., licensed commercial business, residence, driveway). Exceptions are as follows: individual is licensed by the State or political subdivision to possess the firearm; the firearm is unloaded AND is contained in a locked container or a locked firearms rack that is on a motor vehicle; the firearm is possessed by an individual for use in a school-approved program; the individual or his/her employer is possessing in accordance with a contract between the school and the individual; the individual is law enforcement officer acting in their official capacity; or the individual is crossing school grounds to reach a public or private way, provided the firearm is unloaded AND they have permission from the school. The concern of the citizen is that the way the federal law is written it could be considered a violation if someone was driving on Hwy 47 or on any of city streets adjacent to the school within a 1000' unless the firearm was unloaded AND in a locked container. The simple answer to this is "yes", it could be a violation unless any of the exceptions are met. In an effort to obtain some clarification on this federal law I contacted the ATF and spoke to Special Agent David Roberts. Agent Roberts reiterated the provisions of 922(q) and told me there were no exceptions that he was aware of regarding traveling on state highways or city streets within the 1000' zone but said he would get back with me. On February 12, Agent Roberts emailed me stating that as long as an individual has a valid permit, they would not be in violation during the drop-off or pickup of a student(s). If the individual was going to enter the school for a longer period such as a construction worker or attending a conference/sporting event, then they could not possess the firearm. Agent Roberts did not have the legal opinion on the traversing the highway question as of yet. As soon as I obtain the information from the ATF I will pass it along through my article or you can ask me about it on the street. If you would like to read more on the "Gun-Free School Zone" you can pick up an informational pamphlet at the front counter at the Vernonia Police Department.