FAQ: Gun Free School Zone Act

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ELB
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Posts: 8128
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

FAQ: Gun Free School Zone Act

Post by ELB »

This is not as common as "What do I do after I blast somebody," and in practical terms I think it has not much real effect on the average law-abiding CHL holder, but it does pop as a detail in many threads. MIght have been more useful to broaden this to a "Schools and CHL" collection, but I only have so much time and motivation.

So here's some previous discussions...

Weapon Free School Zone?
viewtopic.php?f=53&t=51730" onclick="window.open(this.href);return false;

GunFree School Zones Act - Am I missing Something?
viewtopic.php?f=7&t=49225" onclick="window.open(this.href);return false;

Gun Free School Zones Question
viewtopic.php?f=7&t=48183" onclick="window.open(this.href);return false;

H.R. 2613: To repeal the Gun-Free School Zones Act of 1990 a
viewtopic.php?f=94&t=46998" onclick="window.open(this.href);return false;

Gun Free Zone FAIL
viewtopic.php?f=108&t=42858" onclick="window.open(this.href);return false;

LEOSA Not An Exemption to GFSZA?
viewtopic.php?f=7&t=42865" onclick="window.open(this.href);return false;

Why can't Texas do this?
http://texaschlforum.com/viewtopic.php?f=9&t=38667" onclick="window.open(this.href);return false;

SFA: Arrested for "Place where Weapons Prohibited"
http://texaschlforum.com/viewtopic.php? ... t+gfsza%5D" onclick="window.open(this.href);return false;

Disarm in Public School Parking Lot, Firearm left in the car
http://texaschlforum.com/viewtopic.php? ... 5D#p402291" onclick="window.open(this.href);return false;

30.06 at School Lot Entrance Valid?
http://texaschlforum.com/viewtopic.php? ... t+gfsza%5D" onclick="window.open(this.href);return false;

Looking for interpetation
http://texaschlforum.com/viewtopic.php? ... 5D#p387216" onclick="window.open(this.href);return false;

Another school related question
http://texaschlforum.com/viewtopic.php? ... 5D#p372370" onclick="window.open(this.href);return false;

New to Texas and forum!
http://texaschlforum.com/viewtopic.php? ... 5D#p369050" onclick="window.open(this.href);return false;

What is a school?
http://texaschlforum.com/viewtopic.php? ... t+gfsza%5D" onclick="window.open(this.href);return false;

Nitpicking the CHL-carry in a School Parking Lot
http://texaschlforum.com/viewtopic.php? ... 5D#p358303" onclick="window.open(this.href);return false;

Gun off Campus gets student kicked out of school
http://texaschlforum.com/viewtopic.php? ... 5D#p357302" onclick="window.open(this.href);return false;

Unlicensed wife and school pickup
http://texaschlforum.com/viewtopic.php? ... 5D#p342200" onclick="window.open(this.href);return false;

Multiple CHL 'types' ?
http://texaschlforum.com/viewtopic.php? ... 5D#p331881" onclick="window.open(this.href);return false;

Texas law and long guns
http://texaschlforum.com/viewtopic.php? ... t+gfsza%5D" onclick="window.open(this.href);return false;

Getting Open Carry legislation introduced ??
http://texaschlforum.com/viewtopic.php? ... t+gfsza%5D" onclick="window.open(this.href);return false;

You Can open Carry an AK but not your sidearm?
http://texaschlforum.com/viewtopic.php? ... t+gfsza%5D" onclick="window.open(this.href);return false;

Parking Lot Legal/Illegal?
http://texaschlforum.com/viewtopic.php? ... 5D#p276745" onclick="window.open(this.href);return false;

School Sign
http://texaschlforum.com/viewtopic.php? ... 5D#p333041" onclick="window.open(this.href);return false;
Last edited by ELB on Sun Jan 15, 2012 5:07 pm, edited 9 times in total.
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hirundo82
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Re: FAQ: Gun Free School Zone Act

Post by hirundo82 »

It might be useful to have the text of the relevant law here too.

18 USC §922
(q)
(1) The Congress finds and declares that—
(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary [3] the House of Representatives and the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.

(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.

(3)
(A) 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.
(B) Subparagraph (A) does not apply to the discharge of a firearm—
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.
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CaptWoodrow10
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Location: Bryan, Texas

Re: FAQ: Gun Free School Zone Act

Post by CaptWoodrow10 »

Bookmark for later reading. Thanks for the quick reference.
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ELB
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Re: FAQ: Gun Free School Zone Act

Post by ELB »

hirundo82 wrote:It might be useful to have the text of the relevant law here too.
I thought about adding it, but my motivation had lagged by the time I got all the links together, so figured I would add it later. You saved me the trouble. :txflag:
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