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.
