Gun-Free School Zones Act (GFSZA)
The Gun-Free School Zones Act (GFSZA) is a federal law enacted in 1990 that prohibits individuals from carrying firearms on the grounds of public schools in the United States. Introduced amidst rising concerns over school violence, the law aims to create safe educational environments for students, particularly vulnerable minors. The GFSZA has been the subject of considerable debate, as opponents argue that it infringes on Second Amendment rights and that armed citizens could deter potential shooters. Conversely, supporters emphasize the dangers of having firearms in proximity to children, asserting that untrained individuals could unintentionally exacerbate violent situations.
The law has been challenged in courts, leading to significant rulings, including the Supreme Court's 1995 decision in United States v. Lopez, which questioned the federal government’s authority to regulate school safety. Subsequent amendments specified that the act applied only to weapons involved in interstate commerce, yet challenges to the law have persisted. The issue of gun presence in schools remains contentious, especially in the wake of recent mass shootings, prompting ongoing discussions about potential changes to the GFSZA. While many states maintain strict regulations against firearms in K-12 schools, the conversation around arming teachers and staff continues to evolve, reflecting broader societal debates on gun control and safety in educational settings.
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Gun-Free School Zones Act (GFSZA)
The Gun-Free School Zones Act (GFSZA) is a US federal law that bans people from carrying firearms onto the grounds of public schools. It was passed by Congress and signed into law by President George H. W. Bush in 1990. Gun control is a highly controversial topic in the United States, and the law has been challenged and debated since its passing.
Those who oppose the law cite the US Constitution's Second Amendment, which states that citizens have the right to bear arms. They also say citizens with guns on school premises can deter shooters and prevent attempts at violence before they begin and are better equipped to stop shooters in the act. Proponents argue that educational institutions that contain hundreds of minors are no place for lethal weapons, and untrained armed civilians may inadvertently cause more harm than good in an active shooter situation.
Brief History
Gun violence in the United States started growing in the 1960s and peaked in the late 1980s. School shootings drew particular attention, since the victims were mostly minors. Searching for ways to lower crime rates, the Senate introduced a bill that would make it illegal to bring guns onto the grounds of a public school. Any person convicted of breaking this law could be fined up to $5,000 and/or imprisoned for up to five years. They also could be stripped of their right to purchase or own firearms in the future.
The bill was introduced in February 1990. The Democratic Party held majorities in both the Senate and the House of Representatives and was generally in favor of gun control, while Republicans tended to emphasize citizens' rights to possess and carry guns. The bill passed in both the Senate and the House. It required only the signature of President George H. W. Bush to become law.
Bush was a longtime member of the National Rifle Association (NRA) and a strong proponent of citizens' right to bear arms. He had stated that laws would not prevent criminals from committing crimes. Although he was in favor of owning guns for sport and home defense, he spoke out against automatic assault weapons. He also wanted to see the rates of gun violence reduced, especially with respect to minors. He signed the bill into law.
Controversy and debate immediately followed the law's passage. Critics of the law called for repeals and amendments, arguing that if a criminal attacked a school, it would be better to have armed law-abiding citizens that could defend students. The law's supporters said that the law made exceptions for law enforcement officers and other trained professionals who were school-approved.
In 1992, senior Alfonso Lopez brought an unloaded gun to his high school with the intent to give it to someone. He was caught and convicted of violating the GFSZA. He appealed the decision, and the appellate court overturned the decision, stating that it was unconstitutional for the federal government to exercise that kind of control over schools. The court argued that the Constitution gives authority to the states except in cases in which the federal government explicitly overrides that.
Impact
The US Supreme Court agreed to hear the case of United States v. Lopez. In 1995, the Supreme Court upheld the decision of the appellate court in a 5–4 decision. The court argued that the GFSZA gave more control to the federal government than the Constitution allowed. According to the court, it set a dangerous precedent that could allow the government to regulate even more products that should be outside its authority.
In response, Congress amended the law using language specifying that it applied only to weapons that were part of interstate trade or commerce. Under this amendment, the law still applied to a large majority of firearms because it is common for these weapons to be shipped across state lines after they are manufactured or between owners. Opponents of the law said that the only change was the wording and that Congress was still overstepping its authority. Gun-related crime started to decline, however, and when the amended law was challenged in court, it was upheld. Most notably, the case United States v. Dorsey reached the court of appeals in 2005. The court upheld the law as constitutional, and the case did not reach the Supreme Court.
In 2007, US representative and presidential candidate Ron Paul introduced a bill designed to repeal the GFSZA. The bill failed to reach either house of Congress. He reworked the bill and tried to pass different versions in 2009 and 2011, but those bills failed as well.
The regulation of guns and the question of whether they should be permitted on school grounds continued to be hotly debated issues in the 2010s. Mass shootings in schools received intensive coverage. Reports varied as to whether the frequency of US school shootings was increasing, but with advances in technology and social media, they were consistently in the public eye regardless.
During his presidential campaign, Donald Trump promised to repeal the GFSZA on his first day of office. Prior to his campaign, Trump had supported bans of assault weapons and had demonstrated a more moderate view of gun control. He spoke out against gun control when he began pursuing the presidency. Trump ultimately won the election and was inaugurated in January 2017. He lacked the ability to alter the act immediately, but he did appoint Betsy DeVos for the position of secretary of education. DeVos voiced support for ending the GFSZA. At the start of the Trump administration, Republican representatives drafted proposals for a separate bill intended to repeal or weaken the GFSZA. In 2018, after the February 14 shooting in Parkland, Florida, that left seventeen people dead, Trump advocated for arming teachers, saying this would deter shooters and save lives. However, an armed guard was on the Parkland campus at the time of the shooting and did not prevent or stop the shooter.
President Joe Biden, who was inaugurated in January 2021, called for stricter gun laws. He pressed Congress to ban assault-style rifles and high-capacity magazines and require universal background checks, firearm safe storage, and enact national red flag laws.
Some members of Congress continued to work to overturn or weaken the GFSZA. For example, Congressman Thomas Massie (R-Kentucky) repeatedly introduced Ron Paul's 2007 bill, the "Safe Students Act," which would repeal the federal ban on guns in school zones. Massie introduced it in 2018, 2022, and 2023.
During the 2022-2023 school year, according to news reports, officials confiscated more than 1,150 guns brought to K-12 schools before they were fired. Authorities believe many more were likely in schools but never discovered or used. During that same school year, the Washington Post reported, 58 percent of gun seizures in some of the largest school systems were not reported by news organizations. For example, in DeKalb County, Georgia, twenty-four guns were found on school property, but only two were reported on. Police say that although some were carried into schools by accident, others were taken by people who intended to shoot someone. In one case, a single bullet found by a student who reported it foiled a mass-shooting plot. The number of weapons found on school property increased significantly over a five-year period. This correlated with educators' reports that students exhibited many more behavioral problems after the COVID-19 pandemic shutdowns. It also corresponded to an increase in gun sales during this time.
Some parents, educators, and school officials have pressed to permit teachers and other school staff to carry concealed handguns on school grounds. Many states allowed schools to decide if faculty and staff were permitted to carry concealed weapons on campus. Some districts and states had requirements such as advanced training and written authorization from the district and law enforcement agencies. Some who opposed legislation arming teachers argued that it did not require parents to be notified if their children's teachers were armed. According to Everytown for Gun Safety, as of April 2024, thirty-four states did not permit guns in K-12 schools.
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