From: uk09365@nx08.mik.uky.edu (robert i kesten)
Subject: Gun Free School Zones Text
Organization: University Of Kentucky, Dept. of Math Sciences
Date: Tue, 14 Apr 1992 23:39:28 GMT
Distribution: usa
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This is the actual text of the GUN FREE SCHOOL ZONES ACT OF 1990 from  
PUBLIC LAW 101-647 NOV. 29, 1990
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SEC. 1702. GUN-FREE SCHOOL ZONES ACT OF 1990
  (a) SHORT TITLE.- This section may be cited as the "Gun Free School  
Zones Act of 1990".
  (b) PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM IN A  
SCHOOL ZONE.-
     (1) IN GENERAL.-Section 922 of title 18, United States Code, is  
amended by adding at the end the following new subsection:
  "(q)(1)(A) It shall be unlawful for any individual knowingly to possess  
a firearm at a place that the individual knows, or has reasonable cause to  
believe, is a school zone.
  "(B) Subparagraph (A) shall 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 obtain 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) which is-
             "(I) not loaded; and
             "(II) in a locked container, or a locked firearms rack which  
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.
   "(2)(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 at a place that  
the person knows is a school zone.
       "(B) Subparagraph (A) shall not apply to 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 and 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.
   "(3) 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.".
          (2) DEFINITIONS.- Section 921(a) of such title is amended by  
adding at the end thereof the following new paragraphs:
           "(25) The term 'school zone' means-
                 "(A) in, or on the grounds of, a public, parochial or  
private school; or
                 "(B) within a distance of 1,000 feet from the grounds of  
a public, parochial or private school.
            "(26) the term 'school' means a school which provides  
elementary or secondary education, as determined under State law.
             "(27) The term 'motor vehicle' has the meaning given such  
term in section 10102 of title 49, United States Code.".
           (3) PENALTY.-Section 924(a) of such title is amended by adding  
at the end thereof the following new paragraph:
               "(4) Whoever violates section 922(q) shall be fined not  
more than $5,000, imprisoned for not more than 5 years, or both.   
Notwithstanding any other provision of law, the term of imprisonment  
imposed under this paragraph shall not run concurrently with any other  
term of imprisonment imposed under any other provision of law.  Except for  
the authorization of a term of imprisonment of not more than 5 years made  
in this paragraph, for the purpose of any other law a violation of section  
922(q) shall be deemed to be a misdemeanor.".
             (4) EFFECTIVE DATE.- The amendments made by this section  
shall apply to conduct engaged in after the end of the 60-day period  
beginning on the date of the enactment of this Act.
             (5) GUN-FREE ZONE SIGNS.- Federal, State, and local  
authorities are encouraged to cause signs to be posted around school zones  
giving warning of prohibition of firearms in a school zone.
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Robert I. Kesten
Newsgroups: talk.politics.guns