imported post
The Federal School Zone Law of 1995, applies to any Public Elementary or Secondary School, as defined under applicable State Law, that provides primary or secondary education to students, as governed under State Law. The Federal Law does not apply to or effect any Post-Secondary Education, namely: 1. Colleges, 2. Universities, 3. Technical Colleges, 4. Adult GED/Literacy Centers, 5. etc.
The term'School Zone' is defined under 18 U.S.C. 921(25)(A) and 18 U.S.C 921(25)(B) means... in, on, or within 1000 feet of a School.
However, 18 U.S.C. 922(q) requires that the Firearm in question must have: '... moved in or otherwise [affected/effected]Interstate Commerce...'
Therefore, in order for The Federal Law to apply, the Firearm MUST: 1. Move in Interstate Commerce..., as Intrastate Commerce is not enough, and 2. For the Federal Offense, that is Interstate Commerce, to have occured knowingly by the suspect in a School Zone, as defined above.
Most States have adopted the provisions of 18 U.S.C. 921(25)(A), 18 U.S.C. 921(25)(B), and 18 U.S.C. 922(q)(2)(A) to apply to Intrastate Commerce, absent any Interstate Commerce..., to varying degrees of applicability.
In essence, some States have adopted the '1000 foot' rule, some, however, have not. In most States the '1000 foot' rule does not exist, but in some States it does. This depends on that State's Laws, as passed by that State's Legislature.
Furthermore, some States have adopted some, or all, of the exceptions provided under Federal Law 18 U.S.C. 922(q)(2)(B)(i) through 18 U.S.C. (q)(2)(B)(vii), while, some States have not adopted all of those exceptions. Others to varying degrees, such as Delaware.
In fact, Delaware is unique that it only applies its' Intrastate School Zone Law to any underlining Crime, the same are so named under it's School Zone Statute, and, furthermore, it only triggers the Penalty if the underlined Statute itself is being Violated.
The Statute provides, that whenany of the named underlined Offenses are committed in a School Zone, the penalty for the Offense becomes the next highest Penalty authorized under Delaware Law. However, the good thing is, if no underlined Statute is being broken, then, there is no Penalty for merely having a Legal Firearm/Weapon in a School Zone.
As is codified under Delaware Law Title 11, Chapter 5,Sub-Chapter VII, Sub-Part A, and more specifically Code -1457, Code -1457(c) includes '... Recreation[al] Zones'
Now, Delaware has a '1000 foot' rule to it's Schools, but not to its Recreational Zones. Therefore, a Persons prohibited conduct, per Delaware Code -1457(a),could well apply to both a School and a Athletic Field/Recreation Center, or one another, depending the circumstances. Additionally, Parts 1-5 of Paragraph 1 of this Article are included under Delaware Law as School-Zones. Pennsylvania allows carry there, while Delaware's other neighbors: 1. Maryland, and 2. New Jersey do not.
Seemingly though, Juveniles do not have any defense for Firearms/Weapons, per Delaware Code -1457(a). However, Adult possesion is Lawful, contingent, on the Lawfulness of His actions in respect to not Violating any Part of Delaware Code -1457(b)(1) through Delaware Code-1457(b)(6) as it pertains to the underlineing Crimes, namely: Delaware Codes -1442,-1444, -1446, -1448, -1452, and -1453.
Delaware allows Open Carry of a Loaded Firearm/Carried Weapon aslong as the Possesor is nota 'Prohibited Person', per Delaware Code -1448. Therefore, Open Carry in School/Recreation[al]Zone would not be prohibited under Delaware Code -1457(a), as no underlining Offense, as under Delaware Code -1457(b), is being committed.
As for a Personal Opinion of mine... This is a lot better than having a '1000 foot' rule in place bar none, as is the Case in my State of Residence. In my State, a Firearm within a '1000 feet' of any School is an Illegal one, period [less Government Officials, Private Residenses, and Private Properties/Vehicles, of course]. It does not even matter if one has a License or not. Hopefully soon though, this will change.
In fact, Delawares' Flag has a Man with a Rifle. There are only two other States that I know of that Openly display Firearms on their Flags..., but both are Generally Pro-Gun States. They are: 1. Michigan, and 2. West Virginia.