TexasRifleman
Moderator Emeritus
Bold emphasis is my own. This is the first I've heard of this...(law being struck down). Can anyone find this reference?
Google the "Gun Free School Zones Act of 1990". It was struck down pretty quickly.
Surprisingly it was the first time in like 100 years or so that the courts actually ruled against the Fed when they tried to do something under the "commerce clause".
Our friends Specter, Simon, Feinstein, Bradley, and Lautenberg tried again in 1995 with the same thing, renaming it by just changing the year to 1995. This one specifically said that a prosecutor had to prove that a gun used inside the 1000 foot zone effects interstate commerce.
Those morons never give up.
The new one has the bizarre disclaimer regarding commerce. I'm not even sure what the hell that means......
(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.