GUN-FREE SCHOOL ZONES ACT OF 1990.
<< 18 USCA § 921 NOTE >>
(a) SHORT TITLE.--This section may be cited as the "Gun-Free School Zones Act of 1990".
(b) PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM IN A SCHOOL ZONE.--
<< 18 USCA § 922 >>
(1) IN GENERAL.--Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:
"(q)(1)(A) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
"(B) Subparagraph (A) shall 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 obtain 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) which is--
"(I) not loaded; and
"(II) in a locked container, or a locked firearms rack which is on a motor
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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.
"(2)(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 at a
place that the person knows is a school zone.
"(B) Subparagraph (A) shall 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
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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.
"(3) 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.".
<< 18 USCA § 921 >>
(2) DEFINITIONS.--Section 921(a) of such title is amended by adding at the end thereof the
following new paragraphs:
"(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.
"(26) The term 'school' means a school which provides elementary or secondary education, as
determined under State law.
"(27) The term 'motor vehicle' has the meaning given such term in section 10102 of title 49,
United States Code.".
<< 18 USCA § 924 >>
(3) PENALTY.--Section 924(a) of such title is amended by adding at the end thereof the following
new paragraph:
"(4) Whoever violates section 922(q) 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. Except for the authorization of a term of imprisonment
of not more than 5 years made in this paragraph, for the purpose of any other law a violation of
section 922(q) shall be deemed to be a misdemeanor.".
<< 18 USCA §§ 921 NOTE, 922 nt, 924 nt >>
(4) EFFECTIVE DATE.--The amendments made by this section shall apply to conduct engaged in
after the end of the 60-day period beginning on the date of the enactment of this Act.
<< 18 USCA § 922 NOTE >>
(5) GUN-FREE ZONE SIGNS.--Federal, State, and local authorities are encouraged to cause signs
to be posted around school zones giving warning of prohibition of the possession of firearms in a
school zone.