S.2070 - Gun-Free School Zones Act of 1990101st Congress (1989-1990)
|Sponsor:||Sen. Kohl, Herb [D-WI] (Introduced 02/05/1990)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 02/12/1990 Referred to Subcommittee on Constitution. (All Actions)|
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Text: S.2070 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in Senate
S 2070 IS 101st CONGRESS 2d Session S. 2070 To amend title 18, United States Code, to prohibit the possession or discharge of a firearm in a school zone. IN THE SENATE OF THE UNITED STATES February 5 (legislative day, JANUARY 23), 1990 Mr. KOHL introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit the possession or discharge of a firearm in a school zone. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Gun-Free School Zones Act of 1990'. 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 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 in 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 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. `(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.'. (b) DEFINITIONS- Section 921(a) of such title is amended by adding at the end the following: `(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.'. (c) PENALTY- Section 924(a) of such title is amended by adding at the end the following: `(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.'. (d) 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.