Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

The Unconstitutional Tragedy of Joe Biden’s Gun Free School Zone Act, Detailed Background
AmmoLand ^ | September 9, 2023 | Dean Weingarten

Posted on 09/11/2023 2:43:44 PM PDT by marktwain

With the ongoing case in Billings, Montana, where Billings Police collaborated with federal officials to arrest Gabriel (Gabe Metcalf) for exercising his Second Amendment rights, a recap of the history of the federal Gun Free School Zone Acts (GFSZA) is in order. The GFSZA appears to be designed as a direct attack on the exercise of Second Amendment rights and the right to be able to defend against criminal attacks.

The first GFSZA was passed into law in 1989-90. The federal Gun-Free School Zone Act was introduced by some of the most rabid Anti-Second Amendment zealots, Herb Kohl of Wisconsin and Joe Biden of Delaware. Yeah, that Joe Biden.

The effect of the law was to make it impossible to travel with a firearm for defense in nearly all incorporated areas in the United States. Because the GFSZA includes all the area within 1000 feet of the property line of all schools, including private and parochial schools as well as public schools, the extremely large areas outside of school property often overlap and intersect, creating a trap for people who are exercising their Second Amendment rights.

There are exceptions in the act for private property, people licensed by the state, and firearms that are unloaded and locked up. Here are the important portions. From the Gun-Free School Zone Act of 1990, introduced in the Senate by Senator Herbert Kohl (D) WI as S.2070 and  Senator Joe Biden (D) DE as part of the Crime Control Act of 1990, S.3266.

SEC. 2. PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM IN A SCHOOL ZONE. (a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following:

(q)(1)(A) It shall be unlawful for any individual knowingly to possess a firearm


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2a; banglist; biden; crookedjoe; education; gfsza; montana; mt; school
The Gun Free School Zone Act was first found unconstitutional in 1994. A change of a few words were made to the law in 1996. Since then, five circuits have upheld the law and three have found it to still be unconstitutional.
1 posted on 09/11/2023 2:43:44 PM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

Light blue areas are Gun Free School Zones. Map shows San Francisco.

2 posted on 09/11/2023 2:45:13 PM PDT by marktwain
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Gun Free Zone Act sign by President Bush in 1990 (another gift from beyond the grave from this RINO !)

Then passed by voice vote in the Senate.

The 1995 Amendments were attached to an Appropriations Bill, so Repub House and Senate majorities voted for them.

Never repealed, althoug they had House, Senate and President numerous times since 1995.


3 posted on 09/11/2023 3:16:33 PM PDT by Reverend Wright ( Everything touched by progressives, dies !)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

This law has created a safe murder ground for those who want to murder children it should be eliminated. But it is a Democrat bill and serves their anti gun agenda.


4 posted on 09/11/2023 3:19:19 PM PDT by Ronald77
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

donchagetit?
dems love criminals, because they become part of their control group.

dems hate free thinking civilians, because they really dont need government.


5 posted on 09/11/2023 3:20:00 PM PDT by Terry L Smith
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reverend Wright

NOT that I’m all in favor of CC licensing, but seriously, how many licensed carriers have ever shot up a school? Anyone? Buehler?


6 posted on 09/11/2023 3:22:45 PM PDT by Chad C. Mulligan
[ Post Reply | Private Reply | To 3 | View Replies]

To: marktwain

Blatantly unconstitutional.

This law was meant to simply outlaw “bearing arms”.

I’m curious. Where in the Second Amendment is there a carve out for schools?


7 posted on 09/11/2023 3:32:01 PM PDT by Pox (Eff You China. Buy American!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reverend Wright; All
Never repealed, althoug they had House, Senate and President numerous times since 1995.

When did the Republicans control the Presidency, the House and the Senate since 1996?

2003 - 2007 Under President Bush.

2017 - 2019, Under President Trump.

Six years total.

8 posted on 09/11/2023 3:33:11 PM PDT by marktwain
[ Post Reply | Private Reply | To 3 | View Replies]

To: Chad C. Mulligan

people who violated “gun free” zones have stopped a few.

https://www.indystar.com/story/news/crime/2022/07/18/greenwood-mall-other-simon-malls-have-no-weapons-policy-bystander-carried-legally/65375923007/


9 posted on 09/11/2023 3:34:54 PM PDT by Reverend Wright ( Everything touched by progressives, dies !)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Pox
I’m curious. Where in the Second Amendment is there a carve out for schools?

There is no such carveout. This law is much worse. It creates an unmarked "zone" which extends 1000 feet beyond the boundary of school property.

It is blatantly unconstitutional. To overturn it in the courts, someone has to bring a case. This is why the USA v Metcalf case in Montana is so interesting.

10 posted on 09/11/2023 3:36:29 PM PDT by marktwain
[ Post Reply | Private Reply | To 7 | View Replies]

To: marktwain

“.. extends 1000 feet beyond the boundary...”

IIRC, any shootings within that area are classified as “school shootings”.


11 posted on 09/11/2023 3:38:14 PM PDT by 21twelve (Ever Vigilant. Never Fearful.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: marktwain

“Six years total.”


The Dems had House, Senate, Presidency for four years total.

And look at all they did in just four years.


12 posted on 09/11/2023 3:40:54 PM PDT by Reverend Wright ( Everything touched by progressives, dies !)
[ Post Reply | Private Reply | To 8 | View Replies]

To: marktwain; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

13 posted on 09/11/2023 4:03:51 PM PDT by PROCON (Sic Semper Tyrannis)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

How can unconstitutional laws last for decades? Oh wait...there is no constitution. That is why. It is also why Roe v. Wade was law of the land for 40+ years leading to the murder of millions of babies.


14 posted on 09/11/2023 4:07:19 PM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Reverend Wright
The Dems had House, Senate, Presidency for four years total.

And look at all they did in just four years.

Yep. It makes a big difference to have the Media, the Intellegence agencies, and half the opposition in the Congress on your side.

15 posted on 09/11/2023 4:15:54 PM PDT by marktwain
[ Post Reply | Private Reply | To 12 | View Replies]

To: marktwain

I like the quote that said, ““Never venture unarmed into a gun free zone. People in a gun free zone can expect the same security as chickens in a processing plant.”


16 posted on 09/11/2023 4:32:52 PM PDT by Retain Mike ( Sat Cong)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson