U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Office of Enforcement Programs and Services

Firearms Programs Division

1972

Gun Free School

Zone Notice

ATF P 5310.1

October 2006

(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.

If you have any questions, contact:

Bureau of Alcohol, Tobacco, Firearms

and Explosives

650 Massachusetts Ave., NW

Washington, DC 20226

(202) 927-7770

or

Visit our web site at www.atf.gov
General Information

Generally, it is unlawful for any individual to knowingly 

possess a firearm within a school zone. A school zone 

is defined as being within a distance of 1,000 feet from 

the grounds of a public, parochial, or private school. This 

prohibition does not apply to the possession of a firearm 

on private property not part of school grounds such as 

an FFL’s business premise (e.g., commercial storefront, 

residence, or driveway)

Once a customer leaves private property located within 

1,000 feet of a school with a firearm, they may be in 

violation of Federal Law. However, in the following 

situations an individual would not be possessing a firearm 

in violation of 922(q)(A):

1. The individual is licensed by the State or political 

subdivision to possess the firearm, and the license 

was issued after law enforcement officials verified 

that the individual is qualified to receive the license;

2. The firearm is unloaded and is contained within a 

locked container or a locked firearms rack that is on 

a motor vehicle;

3. The firearm is possessed by an individual for use in a 

school-approved program;

4. The individual or his/her employer is doing so in

accordance with a contract between the individual 

and the school;

5. The individual is a law enforcement officer acting in 

their official capacity; or

6. The individual is crossing school grounds to reach a 

public or private way. Their firearm is unloaded, and 

they have permission from the school.

ATF realizes that not all persons who enter or exit an 

FFL’s premises in such case may fall under one of the 

above-described statutory exemptions. Therefore, ATF 

advises that in those States where a permit is not needed, 

the FFL should ensure that prior to a purchaser leaving 

the business premise with a firearm that it is unloaded and 

placed in a locked container.

Federal Law

The Gun Control Act of 1968, 18 U.S.C. Chapter 44, 

provides in pertinent parts as follows:

18 U.S.C. 922(q)(1)

(q)(1) The Congress finds and declares that—

 (A) crime, particularly crime involving drugs and

guns, is a pervasive, nationwide problem;

 (B) crime at the local level is exacerbated by the 

interstate movement of drugs, guns, and criminal 

gangs;

 (C) firearms and ammunition move easily in 

interstate commerce and have been found in

increasing numbers in and around schools, as

documented in numerous hearings in both

the Committee on the Judiciary of the House of

Representatives and the Committee on the Judiciary of

the Senate;

 (D) in fact, even before the sale of a firearm, the

gun, its component parts, ammunition, and the raw 

materials from which they are made have considerably 

moved in interstate commerce;

 (E) while criminals freely move from State to 

State, ordinary citizens and foreign visitors may fear 

to travel to or through certain parts of the country due 

to concern about violent crime and gun violence, and 

parents may decline to send their children to school 

for the same reason;

 (F) the occurrence of violent crime in school 

zones has resulted in a decline in the quality of 

education in our country;

 (G) this decline in the quality of education has an

adverse impact on interstate commerce and the foreign

commerce of the United States;

 (H) States, localities, and school systems find it

almost impossible to handle gun-related crime by 

themselves—even States, localities, and school 

systems that have made strong efforts to prevent,

detect, and punish gun-related crime find their efforts

unavailing due in part to the failure or inability of 

other States or localities to take strong measures; and

	 	 (I) the Congress has the power, under the 

interstate commerce clause and other provisions of the 

Constitution, to enact measures to ensure the integrity 

and safety of the Nation’s schools by enactment of this 

subsection.

(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.