revised Gun Free School Zones Act, enacted September 30, 1996.
Text of Conference Report on H.R. 3610
CONFERENCE REPORT ON H.R. 3610
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1997
[CR page H-11743]
Sec. 657. Section 922(q) of title 18, United States Code, is
amended to read as follows:
"(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 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.
"(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.".
