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 in the GFSZ Act of 1996, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding wording placing the burden on the prosecutor to prove an additional element, that the "firearm has moved in or otherwise affects interstate commerce."[1].

Contents 1 Summary of the law 1.1 In general 1.2 Definitions 1.3 Penalty

[edit] Summary of the law

[edit] In general

In general, the GFSZ Act of 1990 added two paragraphs in a new subsection (q) to Section 922 of Title 18 of the U.S. Code:

(1) 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.

Exception: 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).

(2) 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.

Exception: This does not apply to the discharge of a firearm on private property not part of school grounds; as part of a program approved by a school in the school zone, by a participating individual; by an individual contracted by a school in a school zone; or by a law enforcement officer acting in official capacity.

Source: http://thomas.loc.gov/cgi-bin/query/z?c101:S.3266: (Bill S.3266, see under title 17, sec. 1702).

[edit] Definitions

Definitions were amended to Section 921(a) of the title:

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

A new paragraph was added to Section 924(a) establishing the 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.