PSA: Revised GFSZA has been upheld

[LittleRedToyota]

i often see posts on this forum that refer to the original federal gun free school zone act (i.e., GFSZA passed in 1990) being ruled unconstitutional (in the 1995 case of US v. lopez) and just assume that the "revised" version of the GFSZA (passed in 1995) is unenforceable and would automatically also be ruled unconstitutional.

(the revised version did not substantively change the original GFSZA. it just added the requirement that the prosecution prove that the gun had moved in interstate commerce at some point...which practically all guns have.)

however, the reality is that two circuit courts have upheld the constitutionality of the revised GFSZA, and SCOTUS has never ruled on a case involving it. thus, the revised GFSZA is enforceable, has been enforced, and has been ruled constitutional. if it it ever goes to SCOTUS, who knows...but, for now, people should understand it is enforceable and appeals up to the circuit level, at least, are not likely to change that.

the 8th circuit found the new version constitutional in the 1999 case of US v. Jordan Danks (http://openjurist.org/221/f3d/1037/u...v-jordan-danks).

the 9th circuit also did so in the 2005 case US v. Dorsey (http://www.ca9.uscourts.gov/datastor...10/0430152.pdf).

i think it is BS as well. but, people should understand that, regardless of what we think, the revised GFSZA is currently considered constitutional (and is sometimes enforced) when making decisions about acts that may cause one to be in violation of the GFSZA. (note that carrying in a state from which you do not have a license...even if that state honors your out-of-state license...is, at least according to the BATFE's interpretation, violating the federal GFSZA.)

[Azzy]

(2)(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.
(3)(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 that has moved in or that otherwise affects interstate or
foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does 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 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.
(4) 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.

In reading a bit.. how does one know where a school zone starts or ends in all places? Should they not be clearly marked on all roadways and places of public travel?

[MDJschool]

In reading a bit.. how does one know where a school zone starts or ends in all places? Should they not be clearly marked on all roadways and places of public travel?

If the statute doesn't explicitly force the fedgov to bother taking notice of a fair notice requirement, judges generally just ignore it (lol due process). The underlying expectation must be that every person will do the requisite research into land tax info and funding for all lands they plan to ever be within 1000 ft of at any given time. It seems pretty reasonable, right? First, for a federal government with no power to make this law to have made it, then for it to close off sections of the state from travel simply because someone is keeping/bearing arms, third that they need not actually be made aware that any area is a school grounds or within 1000 ft. of one...

I have to believe the GFSZA is ripe for all kinds of other attacks even if a narrow ICC defense (narrow being one that fails to take into consideration the 2A as an AMENDMENT THUS CHANGING THE NATURE OF THE CONSTITUTION, PASSED AFTER THE ICC) fails.