Federal Gun Free School Zones Act of 1995 Introduction

[Federal Gun Free School Zones Act 1995 Amendment Coalition]

The Federal Gun Free School Zones Act of 1995; How It Conflicts with
the Laws of Forty-Eight States and Turns Millions of American Gun
Owners Into Federal Criminals

We wish to express our concerns about Title 18 U.S.C §922(q) known
as "The Federal Gun Free School Zones Act of 1995." This federal law
makes it generally unlawful for any person to knowingly possess a
functional firearm, within one thousand(1000)feet of the property line
of any public or private elementary, middle, or high school in our
nation. As the law is currently enacted, it effectively voids, in
developed areas, the concealed carry reciprocity agreements which have
been entered into by most of the forty-eight(48) states that issue
permits. The law also fails to recognize unlicensed carry in the
states that allow this practice. Although The Gun Free School Zones
Act of 1995 contains two exceptions which are applicable to armed
citizens, they do not adequately protect these individuals while
exercising their Second Amendment rights. The original 1990 version of
this law was ruled unconstitutional by the United States Supreme
Court, and was reenacted in 1995 with the very minor changes necessary
to comply with the Supreme Court's ruling.

The first exception in the Gun Free School Zones Act of 1995 is
that it does not apply to private property. Although this exception
protects gun owners living within 1000 feet of a school, it does not
provide armed citizens any protection while they are traveling on
public property, such as sidewalks, roads, and highways. The attached
maps illustrate how the large number of schools in developed areas
make it nearly impossible for someone to travel armed without being in
violation.

The second exception is if a person has a concealed carry permit
physically issued by the state in which the school is located.
Although this exception allows permit holders to legally travel armed
in their home State, it does not protect them if they wish to visit
other states which recognize their permit through reciprocity
agreements. This is further explained by the attached letter from the
Federal Bureau of Alcohol, Tobacco, and Firearms. For obvious reasons,
our laws do not require an automobile driver to get a separate
driver's license from every state they wish to drive in. Accordingly,
the Federal Gun Free School Zones Act of 1995 should not require a
permit holder to obtain separate state permits to qualify for the
federal exemption. In addition, most states allow for some form of
legal, but unlicensed carry. This may be open carry, automobile carry,
or concealed carry without requiring a permit. These activities are
highly regulated in the states which allow them, but they are not
recognized by The Federal Gun Free School Zones Act of 1995.

Importantly, the current law is different than the original
version which was passed in 1990, and struck down by the United States
Supreme Court in the 1995 case of United States v Lopez. The US
Supreme Court ruled the original law was invalid because Congress had
not included the required jurisdictional element which is used in
other federal laws. Following the Lopez ruling, Congress reenacted the
law, with the necessary jurisdictional element, requiring that the
prosecuting attorney prove that a firearm or its part have at some
point in time,
moved in or otherwise effected interstate commerce. Although the
current law has not been reviewed by the US Supreme Court, it has been
reviewed and upheld by Federal Appellate Courts for the First, Third,
Sixth, Eighth, Ninth, and Tenth Circuits. All of these circuits have
ruled that the presence of a jurisdictional element in the current
law, corrects the issue that caused the original 1990 law to be struck
down in United States v Lopez.

In conclusion, by making it generally unlawful for an individual
to travel armed on public sidewalks, roads, and highways that pass
within one thousand feet of a school, Title 18 U.S.C. §922(q)
criminalizes activity which is legal and highly regulated under state
law. It is important that The Federal Gun Free School Zones Act of
1995 be
amended to recognize the laws of the forty-eight States which allow
citizens without criminal convictions to legally carry a firearm.

ATF Letter Stating State-CCW-Reciprocity Not a Legal Defense to Title
18 U.S.C §922(q)
http://upload.wikimedia.org/wikipedia/en/7/74/Batfe2002letter_gfsza19...

Map Showing CCW Reciprocity Agreements Between States
http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html

Ongoing Fed GFSZA95 Discussion at USA Carry:
http://www.usacarry.com/forums/politics/7837-concealed-carry-reciproc...

Gun Owners of America Brief:
http://gunowners.org/fs9611.htm

Gunlaws.com GFSZA95 Talking Points:
http://www.gunlaws.com/Gun_Free_School_Zones_Talk.htm