The focal point for Texas firearms information and discussions
http://mail.texaschlforum.com/
This is for the TexasCHLForum's protection.19. Posting material from other sources - When quoting material from other websites or sources, the following rules apply:
- a. Give credit to the author and publication either at the beginning of the quote, or at the end. When the format allows, put the title of the article at the beginning;
b. Do not post the entire article, post no more than 200 words or 10% of the article, whichever is less;
c. Enclose the material in quotation marks or use italic font to clearly identify the material as a quote;
d. Include a link to the website that contains the material or, if the material is not from a website, fully identify the source including the author.
Title 18 U.S.C §922(q) The Gun Free School Zones Act of 1995 States:
(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.
Definitions
Title 18 U.S.C. §921(25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) 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.
Penalty
Title 18 U.S.C Section 924(a) establishes the penalty for violating GFSZA:
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.
Note: A conviction under the 1995 GFSZA will cause an individual to become a "prohibited person" under the Gun Control Act of 1968. This will bar them from legally owning firearms for the rest of their life.
Good point. I wonder how Arizona, Alaska, and Vermont manage that little item.Hoi Polloi wrote:Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.
Alaska and Arizona still issue permits for things like reciprocity, NICS exemption, and GFSZA carry.The Annoyed Man wrote:Good point. I wonder how Arizona, Alaska, and Vermont manage that little item.Hoi Polloi wrote:Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.
The states can say and do as they please, but an individual facing federal charges won't find the 10 Amendment very helpful. The Commerce Clause has been so perverted that it will support virtually anything Congress wants to pass.jvanwink wrote: Utah, Arizona, Alaska, and Vermont go buy the 10 amendment of the U.S. Constitution!
I wonder if they would be able to under this section if they wanted to:The Annoyed Man wrote:Good point. I wonder how Arizona, Alaska, and Vermont manage that little item.Hoi Polloi wrote:Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.
If the state passes a law saying all ISDs must pass some sort of referendum or whatever it is called that allows all people legally in the US who are not committing crimes to have concealed handguns in their school zones, and the ISDs did so, would that meet the legal requirements? Would the states be able to pass such a law without the ISDs voting and passing it individually?(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;
But that still doesn't allow for "constitutional carry" within the 1,000 foot exclusion zone of a school. So how to they manage it? Charles' post above seems to suggest that they don't, and I'm inclined to agree. Not that I like it, but I believe that an unlicensed carrier of a firearm within that exclusion zone faces a federal liability if caught. One might argue that "concealed is concealed," but randomoutburst taught us how fragile that can be the other day when hubby's gun was dislodged from his holster and fell to the ground at the State Fair while giving a friend a piggy-back ride. What if the "friend" was your son or daughter whom you were picking up from school when that piggy-back ride was requested?ScottDLS wrote:Alaska and Arizona still issue permits for things like reciprocity, NICS exemption, and GFSZA carry.The Annoyed Man wrote:Good point. I wonder how Arizona, Alaska, and Vermont manage that little item.Hoi Polloi wrote:Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.
I'm in a car most of the time I pass through a school zone. That doesn't invalidate MPA.Hoi Polloi wrote:Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.
Actually, yes it does. MPA does not override the GFSZA as a state law can't override federal law due to the Supremacy Clause in Article IV of the Constitution (and let's not get into the discussion of nullification. Not applicable here.tacticool wrote:I'm in a car most of the time I pass through a school zone. That doesn't invalidate MPA.Hoi Polloi wrote:Because the Federal Gun-Free School Zones Act requires the state to background check and license you in order to allow you within 1,000 feet of any public, private, or parochial school. Try going through life without coming within a school zone.
)The all-knowing WikipediaLiberty wrote:I think its worthy to note that not one single person has been tried or convicted under the Federal Gun free zone thing.
says that several have been tried under it and all have lost.In a 2005 Appellate case, United States v Dorsey the minor changes of the revised law were specifically challenged. In the Dorsey case, the US Court of Appeals for the Ninth Circuit ruled that the minor changes were indeed sufficient to correct the issues that had caused the original 1990 law to be struck down in United States v Lopez, and they upheld Dorsey's conviction under the revised 1995 version of the law.
Other convictions upheld post-Lopez under the revised Gun Free School Zone Act of 1995 include:
United States v Danks (1999)
United States v Tait (2000)
United States v Smith (2005)
United States v Nieves-Castaño (2007)
United States v Weekes (2007)
United States v Benally (2007)
United States v Cruz-Rodriguez (2008)