H.R. 2613: Citizens Protection Act of 2011

H.R. 2613: Citizens Protection Act of 201 is a Bill pending before the House that would repeal the federal Gun-Free School Zones Act of 1990 and amendments to that Act.

The Gun-Free School Zones Act makes it a federal crime, "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." 44 U.S.C. S 922(q)(2)(A). School zone is described by the federal crime as follows:

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.

44 U.S.C. S 921(a)(25).

The Gun-Free School Zones Act generously permits State licensed gun owners to transit school zones with their firearms as long as they are unloaded and in a locked container. 44 U.S.C. S 922(q)(2)(B). It also allows persons on private property within a school zone to own a firearm on their private property.

This means that a person licensed to carry in the State of South Carolina is in jeopardy of committing a federal crime if they pick up and drop off their kid while carrying . . . even when they have a concealed carry permit or license issued by the State of South Carolina. Basically, a South Carolina citizen licensed to carry a concealed weapon cannot drive by a school or drop of their kid while carrying their loaded, unsecured firearm.

The Gun-Free School Zones Act carries quite a pop if you are convicted. You could serve five years and pay a fine. The Congress has generously made this a misdemeanor crime instead of a felony.

Whoever violates section 922 (q) shall be fined under this title, 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. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922 (q) shall be deemed to be a misdemeanor.

44 U.S.C. S 924(a)(4).

Gun-Free School Zones Act of 1990's criminal statutes are currently on the books and are a menace to citizens who carry firearms for the protection of their property, family, and selves.

The Gun-Free School Zones Act of 1990 was well-intended by the nanny-like legislature. But it is misguided because of its unintended consequences. The killers at Columbine High School, and the subsequent copy-catters, were secure in the knowledge that they would be the only ones in the school who were armed.

If you believe in securing liberty, contact your local House Representative and urge him or her to co-sponsor the Citizens Protection Act of 2011 to repeal this dangerous criminal statute.