Federal Gun Free School Zone Act of 1996 IS being prosecuted

Federal Gun Free School Zone Act of 1996 IS being prosecuted

This is a discussion on Federal Gun Free School Zone Act of 1996 IS being prosecuted within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; ...many times I've read that "the GFSZA isn't being prosecuted...show me the cases" and I've never bothered... ...someone on Utah's concealed carry forum, a licensed ...

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  1. #1
    VIP Member Array Snub44's Avatar
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    Federal Gun Free School Zone Act of 1996 IS being prosecuted

    ...many times I've read that "the GFSZA isn't being prosecuted...show me the cases" and I've never bothered...

    ...someone on Utah's concealed carry forum, a licensed instructor, has done the digging...feel free to add your examples to his...

    UtahConcealedCarry.Com ? View topic - The Federal Gun Free School Zone Act


  2. #2
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    No doubt these are "throw enough at the wall and something will stick" charges for the most part. If there's a law, someone will use it to make a case.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    VIP Member Array Snub44's Avatar
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    ...this college study from late 2012 says about 600 federal charges have been filed on it

    http://castle.eiu.edu/ipsa/include2/download.php?id=12

    ...from the linked study:

    Congress was undeterred, however, and passed a slightly revised version of the
    GFSZA that made it a crime to possess a gun in a school zone if that gun had “moved in
    or…otherwise affect[ed] interstate or foreign commerce.” President Bill Clinton signed
    the revised GFSZA into law on September 30, 1996 (104 P.L. 208), and since it has taken
    effect federal prosecutors have filed almost 600 charges for violations of the revised
    GFSZA (Bureau of Justice Statistics, 2012). Importantly, circuits in the federal Court of
    Appeals have upheld the constitutionality of the revised statute (e.g., U.S. v. Danks [221
    F.3d. 1037 (1999)], U.S. v. Dorsey [418 F.3d. 1038 (2005)]), and the Supreme Court has
    declined to review these decisions on appeal. Thus the GFSZA remains “good law” and
    convictions stemming from its violation also remain valid.

    ...haven't found conviction statistics, nor sentences, but I don't wanna play...

  4. #4
    Distinguished Member Array oldman45's Avatar
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    There are thousands of laws broken each year that go without prosecution. The GFZ cases are often vague and easy to violate. It is also just as easy to violate the laws. Walking on a sidewalk (non school, municipal property) in front a school would violate the 1,000 ft rule. So do not carry while jogging or power walking. Then what is a school? According to some states, a place offering driving instruction is a school. Then so is a business school being operated inside a multi story office building or plaza. Louisiana has it written in their permit laws that within 1,000 ft of a school is a no-no. Still, what constitutes a school? Of course, LA also wrote in that driving through a school zone or carrying on your own property within the 1,000 ft range is permissible.

    Criminals do not care. They are not going to obey the laws. So honest go unarmed to face the armed crooks.

    But can we also look at the felon in possession of a firearm charge. I see dozens of those each week and only saw one person prosecuted on the charge in the last five years. That guy was already convicted if 1st Degree homicide. It was just a matter of stacking charges to make sure he stays in jail.
    A 9mm might expand but a .45acp never shrinks.

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  5. #5
    VIP Member Array Snub44's Avatar
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    ...that's why they wrote the law to exempt those who have a state carry permit from a state that has done due diligence to check us out before issuing...those without permits...can't carry...legally

    ...an honest person, not carrying because he/she has no permit, anywhere in town would still be prey to an armed criminal...

    Quote Originally Posted by oldman45 View Post
    There are thousands of laws broken each year that go without prosecution. The GFZ cases are often vague and easy to violate. It is also just as easy to violate the laws. Walking on a sidewalk (non school, municipal property) in front a school would violate the 1,000 ft rule. So do not carry while jogging or power walking. Then what is a school? According to some states, a place offering driving instruction is a school. Then so is a business school being operated inside a multi story office building or plaza. Louisiana has it written in their permit laws that within 1,000 ft of a school is a no-no. Still, what constitutes a school? Of course, LA also wrote in that driving through a school zone or carrying on your own property within the 1,000 ft range is permissible.

    Criminals do not care. They are not going to obey the laws. So honest go unarmed to face the armed crooks.

    But can we also look at the felon in possession of a firearm charge. I see dozens of those each week and only saw one person prosecuted on the charge in the last five years. That guy was already convicted if 1st Degree homicide. It was just a matter of stacking charges to make sure he stays in jail.

  6. #6
    VIP Member Array nedrgr21's Avatar
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    The problem with the wording is non-resident permits don't exempt you from prosecution so travelers are not protected.

  7. #7
    VIP Member Array Snub44's Avatar
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    ...the REAL problem is that the law exists in the first place...but it does...I'm glad they made exemption for those from the state the school's in who have permits...it would seldom be a problem for out-of-staters, unless they'd just moved here...but if you lived a block from the school, like I do, and couldn't drop your kid off without...I don't even wanna go there...I used to have the gun free school zone sign in my front yard and have to mow around it...that was a slap...one day I went out and they'd pulled them all...

  8. #8
    Member Array BuckNekkid's Avatar
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    Surprise shooting drill shocks teachers at Oregon school

    Gunfire and moments of fear as a rural Oregon school tests its readiness | OregonLive.com

    Imagine the lessons learned if one of the teachers had started throwing chairs at the "active shooters." If there had been one believer in "concealed means concealed" this would be a different story completely. Gun free zone or not, I think the result would have been a justifiable shooting. I also wonder why the "shooters" are not being prosecuted, if a gun-shaped Pop-Tart is disallowed, how about a weapon loaded with blanks? Surely that vioalates GFSZ policy?
    "In this world there's two kinds of people, my friend.....those with loaded guns, and those who dig. You dig."
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    The bulletin board post linked by Snubb in post 1 is interesting. I would like to know more about the Tait case mentioned.
    because it seems s/he got off because they had a license from Alabama. In what state did the offense occur?

    The tiny bit of info suggests that one might be OK with a valid out of state license that is recognized, notwithstanding the
    precise black letter law. Can't tell though because detail is lacking in the discussion of the cases listed.

    I do think many here in TX who car carry sans license run the risk of violating the Federal GFZ law.

    Another thing I noticed is that "intent" was considered by the courts and that seems to have saved Haywood.

    This is tricky stuff for me, as someone who travels to Phila, PA on a TX license. There are schools all over downtown
    Phila; and the letter of the law would appear to make the reciprocity between TX and PA meaningless.

    No doubt it the law needs a tweak to at a minimum clearly exempt holders of valid CHLs from states with reciprocity.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    VIP Member Array nedrgr21's Avatar
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    Snubb: if you have access, check out a map of schools in your town. Between all the pre-K, after school, churches with day care, elem/high/post second schools it's actually pretty hard to not run afoul of the fed law in most cities.

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    Quote Originally Posted by nedrgr21 View Post
    Snubb: if you have access, check out a map of schools in your town. Between all the pre-K, after school, churches with day care, elem/high/post second schools it's actually pretty hard to not run afoul of the fed law in most cities.
    And how many schools may be within 1000 feet of Interstate Highways or other main thoroughfares used by interstate travelers
    relying on reciprocity agreements? Yikes.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    VIP Member Array Snub44's Avatar
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    ...the "shooters" were exempt as they were a program put on by the school, and the GFSZA doesn't apply...the idiocy of the "test" is monumental...and begs profanity to describe...pity someone didn't lay a chair upside their noggins...
    Quote Originally Posted by BuckNekkid View Post
    Surprise shooting drill shocks teachers at Oregon school

    Gunfire and moments of fear as a rural Oregon school tests its readiness | OregonLive.com

    Imagine the lessons learned if one of the teachers had started throwing chairs at the "active shooters." If there had been one believer in "concealed means concealed" this would be a different story completely. Gun free zone or not, I think the result would have been a justifiable shooting. I also wonder why the "shooters" are not being prosecuted, if a gun-shaped Pop-Tart is disallowed, how about a weapon loaded with blanks? Surely that vioalates GFSZ policy?

  13. #13
    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by Hopyard View Post
    And how many schools may be within 1000 feet of Interstate Highways or other main thoroughfares used by interstate travelers
    relying on reciprocity agreements? Yikes.
    Exit 28 on I-26 east bound side, is Dorman High School. Beware all travelers.

  14. #14
    Senior Member Array nontechguy's Avatar
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    Just another unconstitutional federal law; SCOTUS to the contrary notwithstanding.
    "The time is now near at hand which must determine whether Americans are to be freemen or slaves."
    ------------------------------------ George Washington 1776
    Gun free zones
    are safe havens-
    FOR CRIMINALS

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