Gun-Free School Zones Act of 1990

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The Gun-Free School Zones Act of 1990 was enacted as section 1702 of the Crime Control Act of 1990 (Pub.L. 101-647, 18 U.S.C. § 922(q)) on November 29, 1990.

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 following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding Congressional findings concerning the importance of establishing gun free school zones to protect public safety and interstate commerce.

1 Summary
2 Exceptions
3 Definitions
4 Penalty
5 See Also

[edit] Summary

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.

[edit] Exceptions

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 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; which is--

not loaded; and in a locked container, or a locked firearms rack which is in a motor vehicle; by an individual for use in a program approved by a school in the school zone; 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; by a law enforcement officer acting in his or her official capacity; or 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.

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 at a place that the person knows is a school zone. However it shall not apply to the discharge of a firearm if on private property not part of school grounds; as part of a program approved by a school in the school zone, by an individual who is participating in the program; by an individual in accordance with a contractentered into between a school in a school zone and the individual or an employer of the individual; or by a law enforcement officer acting in his/her official capacity.

[edit] 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.

[edit] 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.