The Gun-Free School Zones Act (GFSZA) is an act of the U.S. Congress prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone as defined by 18 U.S.C. § 921(a)(26).
This was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
"[3] As nearly all firearms have moved in interstate commerce at some point in their existence, critics assert this was merely a legislative tactic to circumvent the Supreme Court's ruling.
This was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
In a 2005 Appellate case, United States v. Dorsey,[5] the minor changes of the revised law were specifically challenged.
Convictions upheld post-Lopez under the revised Gun Free School Zones Act include: Convictions overturned post-Lopez under the revised Gun Free School Zones Act include: 18 U.S.C.
It is unlawful for a "prohibited person" to own, purchase, or possess "firearms" as defined by US federal law.
[6][7] Individuals traveling on public sidewalks, roads, and highways within 1,000 feet (300 m) of defined schools are subject to the law's legal restrictions.
[6][8][9] The First Circuit Court of Appeals sustained a GFSZA conviction in the 2007 case of United States v Nieves-Castaño for a firearm kept in a woman's apartment, which was part of a public housing project within 1,000 feet of a school.
[6][11] Most states allow some form of unlicensed carry by persons who are not prohibited by statute from owning or possessing firearms.
[6][7][8][9] In June 1995, following restrictions which were placed on the original law in the United States v. Lopez Supreme Court ruling, the Gun-Free School Zones Act of 1995 was introduced.
[20][21] The new bill would have restored much of the language of the original law, but also add a new provision which requires prosecutors to prove during each prosecution that the gun moved in or affected interstate or foreign commerce.