Gun-Free School Zones Act of 1990

The Gun-Free School Zones Act of 1990 was enacted as section 1702 of the Crime Control Act of 1990 (USPL|101|647, usc|18|922(q)) on November 291990.

It was subsequently declared to be an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution by the United States Supreme Court, and was therefore voided. This case, "United States v. Lopez" (1995), was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.

See also "United States v. Morrison" (2000), in which the U.S. Supreme Court also ruled that Congress lacked the authority to enact such laws even when there was evidence of aggregate effect.

Congress re-enacted the law in the GFSZ Act of 1995, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding section 3(A) placing the burden on the prosecutor to prove an additional element that the gun, " has moved in or otherwise affects interstate commerce." [http://www.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/gun_free_school_zones.txt] .

ummary

In general, it shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone. This does not include possession of a firearm on private property that is not part of school grounds or possession of a loaded firearm by an individual who is licensed to do so by the State. (i.e. a concealed carry, weapon, or firearm permit)

Exceptions

(2) (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. (B) Subparagraph (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.

http://www.law.cornell.edu/uscode/18/922(q).html

Definitions

The term "school zone" means in, or on the grounds of, a public, parochial or private school; or within a distance of 1,000 feet from the grounds of a public, parochial or private school.

The term "school" means a school which provides elementary or secondary education, as determined under State law.

Penalty

Whoever violates the Act shall be fined not more than $5,000, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law.