As far as I know there is no such thing as separate Federal or State GFSZ's. .
They are seperate because one is defined in federal law and the other is defined in state law. It just so happens that both the state and federal definitions include the 1000 ft. area so they apply to the same geographical area around a school.
Federal law mandated such a thing as a GFSZ, as in creating the concept of such a thing as a Gun Free School Zone when there wasn't any such thing before. The State law just added further restrictions to the Federal (such as a LA. CHP NOT giving permission to carry in one).
Wrong. They are independent of each other. If you are charged with violatimng the state GFSZ law then you will be arraigned in a state(local) court. If you violate the fed law then you will be arraigned in a fed court
There are no separate ZONES, one of which allows and one that doesn't. It's simply a Zone or AREA if you will, in which certain Federal and State laws laws both apply. One set of laws for this ONE zone concept allows for some exemptions, the other had it's own set of exemptions, some the same, some different. The State GFSZ law has since been modified to bring it more in line with the exemptions granted under the Federal version, in that it now allows LA. CHP holders to carry concealed in GFSZ's in Louisiana.
They ARE seperate zones BECAUSE they each have their own defining statute. It just so happens that the fed zone and state zone have exactly the same footprint geographically.
You may be prosecuted under one set of laws or the other (or both depending on circumstances) but it's one zone and as such, OC'ing in one is not allowed.
Wrong.
You may NOT be prosecuted under both. Prosecution more than once on the same set of facts violates the DOUBLE JEOPARDY clause of the US Constitution.
Ocing is "allowed" in BOTH.
In the case of the fed zone, it is "allowed" "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 obtain s 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;"
Notice there is NO requirement to have the permit ON your person while in a GFSZ.
In the case of the state zone, Ocing is constitutionally protected.
As an additional point, we should be pushing our fed represenatives to ammend the section I quote above to read simply this...
"If it is according to the laws of the State in which the school zone is located or a political subdivision of the State."
Perhaps when Ron Paul wins the 2012 election, he'll work to have the entire law repealed.