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Gun-Free School Zones Act of 1990

 

Summary

 

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.

 

History

 

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.

 

Federal Law

 

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:

  1. on private property not part of school grounds;
  2. by 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;
  3. that is unloaded and in a locked container or a locked firearms rack on a motor vehicle;
  4. by an individual for use in a program approved by a school in the school zone;
  5. 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;
  6. by a law enforcement officer acting in his or her official capacity; or
  7. that is unloaded and being carried by an individual crossing the school property to gain access to public or private lands open to hunting if the entry on the school premises is authorized by school authorities.

 

Discharge of Firearm in a Gun-Free School Zone

 

The prohibition on discharge of a firearm in a school zone does not apply to the discharge of a firearm:

  1. on private property not part of school grounds,
  2. as part of a program approved by the school in the school zone by a person participating in the program,
  3. by an individual in accordance with a contract entered into between a school in a school zone and the individual or his or her employer, or
  4. by a law enforcement officer acting in his or her official capacity.

 

 



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