Other short titles |
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Long title | An Act to control crime. |
Acronyms (colloquial) | GFSZA, CCA |
Nicknames | Gun-Free School Zones Act of 1990 |
Enacted by | the 101st United States Congress |
Effective | November 29, 1990 |
Citations | |
Public law | 101-647 |
Statutes at Large | 104 Stat. 4789 aka 104 Stat. 4844 |
Codification | |
Titles amended | 18 U.S.C.: Crimes and Criminal Procedure |
U.S.C. sections amended | |
Legislative history | |
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The Gun-Free School Zones Act (GFSZA) is an act of the U.S. Congress signed into law by President George H.W. Bush that prohibits any unauthorized individual from knowingly possessing a 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)(25).
It was introduced in the U.S. Senate in October 1990 by Senator Joseph R. Biden Jr. of Delaware.
The Gun-Free School Zones Act of 1990 was originally passed as section 1702 of the Crime Control Act of 1990. It added 18 U.S.C. § 922(q); 18 U.S.C. § 922 itself was added by the Omnibus Crime Control and Safe Streets Act of 1968.
The Supreme Court of the United States subsequently held that the Act was an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution in United States v. Lopez, 514 U.S. 549 (1995). This was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
Following the Lopez decision, U.S. Attorney General Janet Reno proposed changes to 18 U.S.C. § 922(q) that were adopted in section 657 of the Omnibus Consolidated Appropriations Act of 1997, Pub.L. 104–208, 110 Stat. 3009, enacted September 30, 1996. These changes required that the firearm in question "has moved in or otherwise affects interstate commerce." 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.