A state representative in Upper Peninsula of Michigan has just introduced a controversial new bill that has ignited conversations amongst residents. The new bill will essentially allow legal firearm owners with concealed carry permits to take their guns in previously gun-free zones such as schools and other establishments. The proposal [more]
With the prominence of social media and online services, tourists are now becoming more comfortable using online marketplaces for their travel plans. Airbnb is one such service that is becoming quite popular here in the country. In fact, Americans are spending millions of dollars within the app itself as staying [more]
The Federal Bureau of Investigation (FBI) has now called all Federal Firearms Licensees (FFLs) and interested parties to join its upcoming event that will include several useful resources and presentations pertaining to licensing and gun ownership. The event called the "NICS Retailer Day" will be held on July 25 at [more]
Florida state officials have just announced that thousands of Florida residents who currently possess firearm concealed carry permits may have just had their information compromised. Thousands of names of holders and hundreds of Social Security numbers were reportedly stolen by hackers. The data breach was initiated through the online payment system [more]
The state of Arizona has passed a brand new State Bill, which is obviously aimed at Tucson city's stubborn stance on firearm background checks. The new law is specifically targeting the private sale of guns amongst citizens. A city ordinance that required background checks for gun sales was passed more [more]
A new legislation that would have required health care workers in Colorado to undergo a fingerprint background check has now been stopped dead in its tracks in the state's Senate committee. The bill was an effort by Democrats to disqualify convicted felons and known offenders from holding sensitive positions in [more]
Federal law generally bans possession of firearms within an elementary or secondary school, on school property, or within 1,000 feet of school property. The law exempts law enforcement officers acting in their official capacity, but not off-duty officers, from the ban. Thus, off-duty officers cannot legally possess firearms in these zones by virtue of their office. But like other individuals, they may possess firearms within the zone under a license exemption to the ban. This provision exempts from the ban anyone licensed by the state in which the school zone is located, or by a political subdivision of the state, if the law required the licensing authority to verify that the person is qualified to receive the license.
The law also states that it does not preempt or prevent states or local governments from enacting gun-free school zone laws. As is the case with the federal law, Connecticut's Gun-Free School Zones Act contains no exception for off-duty law enforcement officers. Authorizing an exemption for law enforcement officers, solely by virtue of their office, would conflict with federal law.
The Gun-Free School Zones Act of 1990 was originally passed as section 1702 of the Crime Control Act of 1990. It added Title 18 of the United States Code § 922(q);§ 922 itself was added by the Omnibus Crime Control and Safe Streets Act of 1968.
The Supreme Court of the United States subsequently held that the Act was an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution in United States v. Lopez, 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.
As nearly all firearms have moved in Interstate Commerce at some point in their lives, critics assert this was merely a legislative tactic to circumvent the Supreme Court's ruling.
The federal Gun-Free School Zones Act prohibits anyone from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the person knows, or has reasonable cause to believe, is a school zone. The law also prohibits anyone from knowingly, or with reckless disregard for another person's safety, discharging or attempting to discharge a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the person knows is a school zone. A violation is punishable by a fine, imprisonment for up to five years or both, but is deemed a misdemeanor for all other legal purposes.
The law defines “school zone” as (1) in, or on the grounds of, a public, parochial, or private school or (2) within 1,000 feet from the grounds of such a school.
Possession of Firearm in Federal Gun-Free School Zone
The prohibition on possession of a firearm in a gun-free school zone does not apply to possession of a firearm:
The prohibition on discharge of a firearm in a school zone does not apply to the discharge of a firearm: