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The Gun-Free School Zones Act (GFSZA) is an act of the
U.S. Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone as defined by . The law applies to public, private, and
parochial Parochial is an adjective which may refer to:
* Parishes, in religion
** Parish churches, also called parochial churches
* Parochial schools, primary or secondary schools affiliated to a religious organisation
* Parochialism
Parochialism is the ...
elementary schools and high schools, and to non-private property within feet of them. It provides that the
states and their political subdivisions may issue licenses that exempt the licensed individuals from the prohibition.
It was first introduced in the U.S. Senate in February 1990 as S. 2070 by Senator
Herb Kohl
Herbert H. Kohl (born February 7, 1935) is an American businessman and politician. Alongside his brother and father, the Kohl family created the Kohl's department stores chain, of which Kohl went on to be president and CEO. Kohl also served as a ...
of Wisconsin and then was incorporated into the Crime Control Act of 1990 that was signed into law by President
George H. W. Bush
George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
. Following a 1995 Supreme Court ruling,
United States v. Lopez
''United States v. Alfonso D. Lopez, Jr.'', 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court concerning the Commerce Clause. It was the first case since 1937 in which the Court held that Congress had exceeded its power ...
, which stuck down the original law, the Gun-Free Schools Act of 1990 was amended so prosecution would only occur for crimes involving guns linked to either interstate or foreign commerce.
History
The Gun-Free School Zones Act of 1990 was originally passed as section 1702 of the
Crime Control Act of 1990
The Crime Control Act of 1990 was a large Act of Congress that had a considerable impact on the juvenile crime control policies of the 1990s. The bill was passed by the Congress on October 27, 1990, and signed into law by President George H. W. Bu ...
. It added ; itself was added by the
Omnibus Crime Control and Safe Streets Act of 1968
The Omnibus Crime Control and Safe Streets Act of 1968 (, codified at ''et seq.'') was legislation passed by the Congress of the United States and signed into law by President Lyndon B. Johnson that established the Law Enforcement Assistance Admi ...
.
The
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
subsequently held that the Act was an unconstitutional exercise of Congressional authority under the
Commerce Clause of the United States Constitution
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among ...
in ''
United States v. Lopez
''United States v. Alfonso D. Lopez, Jr.'', 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court concerning the Commerce Clause. It was the first case since 1937 in which the Court held that Congress had exceeded its power ...
'', 514 U.S. 549 (1995). This was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
Following the ''Lopez'' decision, U.S. Attorney General
Janet Reno
Janet Wood Reno (July 21, 1938 – November 7, 2016) was an American lawyer who served as the 78th United States attorney general. She held the position from 1993 to 2001, making her the second-longest serving attorney general, behind only Wi ...
proposed changes to that were adopted in section 657 of the Omnibus Consolidated Appropriations Act of 1997, .
These changes required that the firearm in question "has moved in or otherwise affects interstate commerce." As nearly all firearms have moved in interstate commerce at some point in their existence, critics assert this was merely a legislative tactic to circumvent the Supreme Court's ruling.
Challenges
The
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that the original Act was an unconstitutional exercise of Congressional authority under the
Commerce Clause of the United States Constitution
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among ...
in ''
United States v. Lopez
''United States v. Alfonso D. Lopez, Jr.'', 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court concerning the Commerce Clause. It was the first case since 1937 in which the Court held that Congress had exceeded its power ...
'', 514 U.S. 549 (1995). This was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
Although the amended GFSZA has yet to be challenged in the U.S. Supreme Court, it has been reviewed and upheld by several federal Circuit Courts. In a 2005 Appellate case, ''United States v. Dorsey'', the minor changes of the revised law were specifically challenged. In ''Dorsey'', the U.S. Court of Appeals for the Ninth Circuit ruled that the minor changes were indeed sufficient to correct the issues that had caused the original 1990 law to be struck down in ''Lopez'', and they upheld Dorsey's conviction under the revised version of the law. A 2000 ruling made by the Eleventh Circuit in ''United States v. Tait'' overturned a conviction for firearm possession in a school zone because the defendant was licensed to do so by the state in which the school zone is located.
Convictions upheld post-Lopez under the revised Gun Free School Zones Act include:
*
''United States v. Danks'' (Eighth Circuit 1999)
*
''United States v. Smith'' (Sixth Circuit 2005)
*
''United States v. Dorsey'' (Ninth Circuit 2005)
*
''United States v. Nieves-Castaño'' (First Circuit 2007)
*
''United States v. Weekes'' (Third Circuit 2007)
*
''United States v. Benally'' (Tenth Circuit 2007)
*
''United States v. Cruz-Rodriguez'' (First Circuit 2008)
Convictions overturned post-''Lopez'' under the revised Gun Free School Zones Act include:
*
''United States v. Tait'' (Eleventh Circuit 2000)
*
''United States v. Haywood'' (Third Circuit 2002)
*
''United States v. Guzman-Montanez'' (First Circuit 2014)
Provisions
states:
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.
states:
Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
Exceptions
Pursuant to :
Definitions
Pursuant to :
Pursuant to the term "school" means a school which provides elementary or secondary education, as determined under state law.
Penalty
establishes the penalty for violating GFSZA:
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.
A conviction under the GFSZA will cause an individual to become a "prohibited person" under the
Gun Control Act of 1968
The Gun Control Act of 1968 (GCA or GCA68) is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally ...
. It is unlawful for a "prohibited person" to own, purchase, or possess "firearms" as defined by US federal law. A US presidential pardon may remove this civil disability.
Legal effects
Places affected
Individuals traveling on public sidewalks, roads, and highways within of defined schools are subject to the law's legal restrictions.
The
First Circuit Court of Appeals
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Maine
* District of Massachusetts
* ...
sustained a GFSZA conviction in the 2007 case of ''United States v Nieves-Castaño'' for a firearm kept in a woman's apartment, which was part of a public
housing project
Public housing is a form of housing tenure in which the property is usually owned by a government authorities, government authority, either central or local. Although the common goal of public housing is to provide affordable housing, the d ...
within 1,000 feet of a school. In 2012, ATF informed the town of Stratham, New Hampshire, that hunters would be violating GFSZA by hunting on locally approved public hunting land, a town forest, which fell within 1,000 feet of a local school.
Carrying
Most states allow some form of unlicensed carry by persons who are not prohibited by statute from owning or possessing firearms.
This may be open-carry,
vehicle-carry, or concealed carry without the need for a permit. The Federal GFSZA prohibits unlicensed carry by making it a federal crime for an unlicensed individual to travel into a "Gun Free School Zone unless they meet one of the other criteria defined in Section 'B'."
The large number of K-12 schools in developed areas makes it difficult for an individual to travel any distance without entering a Gun Free School Zone.
Although the federal GFSZA does provide an exception for an individual licensed to carry a firearm, this exception only applies in the state that physically issued the permit.
Nearly all 50 states have provisions to issue concealed carry permits to citizens.
Most of these states also enter into reciprocity agreements with other states where each state agrees to recognize the other's concealed carry permits.
Because the Federal GFSZA requires the permit be issued by the state which the school zone is in,
it is difficult for a permit holder to travel outside their state of issuance to a reciprocating state without violating the Federal GFSZA.
The
Law Enforcement Officers Safety Act
The Law Enforcement Officers Safety Act (LEOSA) is a United States federal law, enacted in 2004, that allows two classes of persons—the "qualified law enforcement officer" and the "qualified retired or separated law enforcement officer"—to ca ...
(LEOSA), intended to allow qualified law enforcement officers the ability to carry guns nationwide, does not provide any exceptions to Federal Law per . GFSZA does not make any exception for an off-duty qualified officer.
Discharge
GFSZA generally prohibits anyone from discharging a firearm on public property within a school zone. Legal exceptions are made for on-duty law enforcement and contracted school security.
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Reactions
Amendments introduced
In June 1995, following restrictions which were placed on the original law in the ''United States v. Lopez
''United States v. Alfonso D. Lopez, Jr.'', 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court concerning the Commerce Clause. It was the first case since 1937 in which the Court held that Congress had exceeded its power ...
'' Supreme Court ruling, The Gun-Free Schools of 1990 was replaced by The Gun-Free School Zones Act Of 1995. The new law restored much of the language of the original law, but also added a new provision which requires prosecutors to prove during each prosecution that the gun moved in or affected interstate or foreign commerce.
Opposing the law
On May 22, 2007, June 24, 2009, and July 21, 2011, US Representative Ron Paul
Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as well ...
introduced similar bills , , and that would repeal the Federal Gun Free School Zones Act. No form of those bills has ever passed committee.
In February 2018, US Representative Thomas Massie
Thomas Harold Massie (born January 13, 1971) is an American politician and businessman. A member of the Republican Party, Massie has been the United States representative for Kentucky's 4th congressional district since 2012, when he defeated Bi ...
introduced a similar bill, titled the "Safe Students Act", that would repeal the Federal Gun Free School Zones Act.
See also
*Gun law in the United States
In the United States, access to guns is controlled by law under a number of federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms acc ...
*Gun politics in the United States
Gun politics within American politics is defined by two primary opposing ideologies about civilian gun ownership. Those who advocate for gun control support increased regulation of gun ownership; those who advocate for gun rights oppose incre ...
References
External links
Bill Summary & Status 101st Congress (1989–1990) S.3266
{{Webarchive, url=https://web.archive.org/web/20160704184723/http://thomas.loc.gov/cgi-bin/bdquery/z?d101:SN03266: , date=2016-07-04
101st United States Congress
Gun politics in the United States
United States federal criminal legislation
United States federal firearms legislation