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School shootings are becoming more frequent. Every school year, we hear about another tragic shooting. As a school Principal, school safety and protecting students and staff from school shootings is becoming an issue at the forefront of societal concerns. My target audience is principals and administrators. I chose the topic of firearms and active shooters on campus because school safety is always a top priority, and with the increase of mental health concerns, and ability to access firearms, all administrators should be well prepared, and should know how to prepare their staff.

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According to my interview with Jason Brown, principal at James Williams Elementary, firearm safety and active shooter drills adds another layer of planning and decision making on the operations for a campus. As an administrator, it adds another layer of training for staff and students and thinking about events so that the school remains safe. Texas is an "open carry" state, meaning any person who holds the appropriate documentation can legally carry a gun with them anywhere they go. School property, however, is a zone where carrying guns is not allowed. It is important to know how to prepare staff and students for a situation of an unauthorized person coming on campus while carrying a firearm.

Some best practices regarding firearm safety at schools include:

Contacting parents of students who are in law enforcement to discuss guidelines of carrying a gun on campus.

Providing professional development regarding what to do if an unauthorized person is carrying a gun on campus.

Providing frequent drills so all students and staff are aware of the steps to take in the case of a dangerous situation.

Staying in frequent communication with district and local law authority.

In May 2022, Texas experienced its most deadly elementary school shooting. Once again, the issue of gun control and school safety is as the forefront of hot topics. Many argue that stricter gun laws would be helpful in reducing the amount of school shootings. Some argue that the best defense against a person with a gun is another person with a gun, and that teachers should be allowed to carry guns on campus. If teachers are granted permission to carry a gun on campus, and administrator's responsibility regarding firearms on campus will be greatly altered. It is difficult to predict the outcome of what ever path is chosen, however, it is of the utmost importance to train faculty and students the steps to take in the event of an active shooter.

https://www.katyisd.org/JWE

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Katy ISD Wellness Center - Permanent Closure

The Katy ISD Wellness Center is permanently closed. Parents, students and staff may, however, continue to utilize the COVID-19 Self Reporting app available on MyKaty cloud. Use the search bar in the upper left corner of the screen to locate the app.

Free Summer Meals

Now through July 28, designated Katy ISD schools will begin offering breakfast and/or lunch at no cost for kids 18 and younger.
Note: Katy ISD will not serve summer meals during the week of July 4-8. Meals will be distributed at the designated facilities again on Monday, July 11.
Summer Meal sites include:

Free Meals - Ended May 31, 2022

This past May, the U.S. Department of Agriculture concluded its free breakfast and lunch meal service that was available to all students, regardless of eligibility. To determine eligibility for free meals for the 2022-23 school year, families will need to complete the Meal Benefits/Free & Reduced meals application. More information about free and reduced benefits can be found here. U.S. Department of Agriculture Child Nutrition Programs Income Eligibility Guidelines.

Access to 2022 STAAR Test Results Using the Family Portal

As in previous years, families will be able to access detailed information about their child’s areas of strength, as well as any gaps in learning, by reviewing STAAR and STAAR EOC results.  Parents will need to access the state’s Family Portal for all testing results by using their child’s Unique Student Access Code.

Previous Unique Student Access Codes are no longer effective in the Family Portal.  Parents can utilize the Parent Directions To Access State Testing Results document located on the Katy ISD Department of Research, Assessment, and Accountability website.

Test results will be available in the Family Portal by the end-of-day listed in the chart below.

Power Up for Back to School!

Parents of new students* can pre-register for the 2022-23 Katy ISD fall semester through the PowerSchool Enrollment website, beginning July 28.

Mark your calendar for these important dates:

July 2-27 - PowerSchool pre-registration for new students temporarily closed

July 28 – Online PowerSchool pre-registration for new students re-opens

August 1 – PowerSchool Annual Student Update begins (for returning Katy ISD students**)

*A new student is defined as a K-12 learner who has never attended a school within Katy ISD, or a previous Katy ISD student who withdrew and is re-enrolling.

**A returning student is defined as any student who was actively enrolled during the 2021-22 school year.

All new and returning Katy ISD students are required to use PowerSchool Enrollment to submit a new student registration or their Annual Student Update. Should you have any questions, please email your school's corresponding contact found on the PowerSchool Enrollment website.

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As in previous years, families will be able to access detailed information about their child's areas of strength, as well as any gaps in learning, by reviewing STAAR and STAAR EOC results. Parents will need to access the state's Family Portal for all testing results by using their child's Unique Student Access Code.

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After the May school shooting in Uvalde, Texas, Legislation met to discuss gun laws. A bipartisan bill was signed that made access to guns more difficult, and addressed the need for more mental health support in schools. This article discusses the new laws outlined in the Safer Communities Act.  https://www.nea.org/advocating-for-change/new-from-nea/bipartisan-bill-breaks-decades-inaction-gun-violence

https://alerrt.org/CivilianResponse
Civilian Response to Active Shooter Events (CRASE) is a training that is provided to schools to prepare students and staff for the event of an active shooter. It is a course that is taught by law enforcement officials that can provide life saving strategies for schools.

https://www.ncsl.org/research/education/school-safety-guns-in-schools.aspx
The article School Safety: Guns in School discusses the idea of allowing teachers to carry guns on campus. In Florida, there is a school guardian program that allows teachers to carry a gun upon completion of 132 hours of comprehensive firearm safety and proficiency training, 12 hours of diversity training, pass a psychological evaluation, and initial drug test and subsequent random drug tests" (Benjamin Erwin, 2022).

Benjamin Erwin, L. K. (2022, May 30). School safety: guns in schools. Retrieved from https://www.ncsl.org/research/education/school-safety-guns-in-schools.aspx

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Published: 06/28/2022 Last Updated: 06/28/2022

Every student and educator in America deserves a safe and welcoming learning environment, free from the fear of gun violence in their school or community. But, for far too long, school shootings and the threat of violence have shattered that sense of safety.

The passage last week of the Bipartisan Safer Communities Act—the most significant new federal gun safety legislation in almost three decades—brings desperately needed progress in addressing America’s epidemic of gun violence.

The need for federal action

Columbine, Newtown, Parkland, and countless other schools and communities are now forever linked to horrific acts of violence. And the recent shootings at Robb Elementary School in Uvalde, Tex., and the hate-filled massacre in Buffalo, N.Y., have only underscored the tragic consequences that result from easy access to firearms in the U.S.

There have been more than 2,654 mass shootings—attacks in which four or more people are shot, excluding the shooter—in the U.S. since 2012, when 20 children and six educators were killed at Sandy Hook Elementary School.

Gun violence is a public health crisis that touches every facet of society. While mass shootings at supermarkets and movie theaters to nightclubs and schools garner much attention, they are only a small percentage of gun-related deaths. In 2016, mass shootings represented less than 2 percent of nearly 39,000 gun-related deaths, according to CDC data. More than 14,000 of those deaths were homicides and far more, almost 23,000, were suicides.

America's gun violence crisis disproportionately hurts marginalized communities and communities of color.  For example, Black Americans are 10 times more likely than white Americans to die from it. And Black children and teens are 14 times more likely to die by gun homicide than their white counterparts.

This epidemic also has an outsized impact on children and youth across the country. Children and adolescents under the age of 19 are more likely to die of firearms-related injuries than any other cause, with 45,222 firearm-related deaths reported in the United States in 2020.

Jim Klipfel, a U.S. history teacher and swimming coach at Saugus High School in Santa Clarita, Calif., has experienced the horrors of a school shooting. Klipfel was one of the first educators on the scene in 2019 after a student at his school shot five classmates, killing two of them, before shooting himself. In the case of the Saugus shooting, the 16-year-old perpetrator carried out the shooting using an unregistered “ghost gun” he assembled from a kit.

Klipfel said that the bipartisan legislation is a morale booster for schools and public education, especially for students, educators, and communities grappling directly or indirectly with gun violence.

"What we just witnessed is a good step, and also an acknowledgment that there’s still a lot that can be done,” Klipfel said.

Judi Richardson, an educational technician and behavioral health professional with the Portland Public Schools in Maine, has also experienced the pain of gun violence firsthand. In 2010, Richardson’s 25-year-old daughter, Darien, was fatally shot during a home invasion in Portland. Investigators have been unable to solve the case because the firearm used in the shooting was purchased without a background check from a private seller at a gun show.

Richardson said that bipartisan support for the legislation signals a shift in gun safety efforts and is helping to energize gun safety advocates working on other needed policy changes.

"People sometimes don’t want to get involved in this because they say it’s a losing battle,” Richardson said. “And this bill gives people hope for addressing gun violence. It’s baby steps, but we’re going in the right direction, and we can build on it.”

What’s in the Bipartisan Safer Communities Act

The Bipartisan Safer Communities Act, signed into law by President Joe Biden on Saturday, is the most significant gun safety initiative since the mid-1990s, when bipartisan majorities in the House and Senate supported bills requiring federal background checks on many gun purchases and a 10-year ban on assault weapons.

The legislation was the result of negotiations by a handful of Democratic and Republican senators, led by Sens. Chris Murphy (D-Conn.) and John Cornyn (R-Tex.), after the recent mass shootings in Uvalde and Buffalo. While previous gun safety proposals have broken down during negotiations, this legislation garnered bipartisan support in both the House and Senate.

The new law includes a number of provisions that educators and other advocates have long supported, including allocating millions of dollars to school safety programs and mental health services for children and families.

The bill provides $750 million in federal funding for states to create and manage crisis intervention programs, including the implementation of red flag laws that allow judges to temporarily remove firearms from individuals believed to be a threat to themselves or others.

The legislation also expands background checks for gun buyers under the age of 21, requiring that juvenile records and potentially disqualifying mental health records be included in the National Instant Criminal Background Check System (NICS), which was established by the 1993 Brady Handgun Violence Prevention Act. It also gives NICS up to 10 days to conduct background checks of prospective firearm purchasers between the ages of 18 and 21.

The bill also closes the so-called “boyfriend loophole” by expanding the current law that restricts individuals convicted of domestic violence or under a domestic violence restraining order from purchasing a firearm to include dating partners. And it creates criminal penalties for gun trafficking and “straw purchasers” of firearms, or those who buy guns for individuals who are barred from purchasing their own weapons.

The Path Forward

While the Bipartisan Safer Communities Act is a step in the right direction that will undoubtedly save lives, it is not a panacea for ending gun violence in our schools and communities. That’s why educators and other advocates must continue to press their local, state, and federal lawmakers to take additional common sense steps to address gun violence, while also celebrating the bipartisan legislation that has broken through years of political gridlock.

Richardson said that additional steps, such as requiring universal background checks, are critically needed to help address gun violence. NEA is also advocating for an assault weapons ban.

“Educators need to be worried about the safety of all kids, not just those in school but also those who come from homes with gun violence,” Richardson said. "And we can make a huge difference as a group to rise up and get involved.”

Humanizing these shootings by showing the wide-reaching impact they have on students, educators, and communities is also an important part of continuing to push for common sense safety measures.

“We need people who have experienced loss or the trauma of these experiences to tell their stories and share their concerns and offer some preventive strategies,” Klipfel said. “Not telling these stories dulls the reality and urgency of the problem.”

Even as educators and advocates celebrate passage of the Bipartisan Safer Communities Act and continue to examine other common sense gun safety measures, it’s important to remember that the fight to combat America’s gun violence epidemic is far from over.

This was made all the more evident last week when the Supreme Court struck down a New York law that required applicants for concealed carry permits to show that they had “proper cause” — a personal fear for their safety — that warranted the possession of a concealed firearm in public. By ruling that New York’s concealed carry law was unconstitutional, the 6-3 decision in New York State Rifle & Pistol Association Inc. v. Bruen also struck down similar gun licensing laws in California, Hawaii, Maryland, Massachusetts, New Jersey, and the District of Columbia.

In these locations, individuals will now be able to obtain permits for concealed weapons without needing to provide a proper cause. However, states are still able to require that objective criteria, such as passing a background check or undergoing safety training, be met in order to receive a concealed carry weapons permit. And while the Supreme Court’s decision does not undercut the recently passed gun safety legislation, it does open the door to more legal challenges to gun regulations all across the country at a time when the tide is shifting in favor of common-sense gun safety measures.

Despite the recent court decision, educators remain committed to ensuring that their students have the freedom to thrive and pursue their dreams in safe learning environments. Educators joined gun safety rallies, told their personal stories, and sent around 60,000 letters to Congress in support of the Bipartisan Safer Communities Act. After this historic legislative victory, they’re not about to stop advocating for other common sense gun safety measures.

“The 3 million members of the NEA, along with students and parents, are not going to back down until we take serious action to end gun violence in communities across this nation,” said NEA President Becky Pringle

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Bipartisan Bill Breaks Decades of Inaction on Gun Violence | NEA

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The new gun legislation will save millions of lives, but educators know that much more needs to be done to ensure safe schools and communities for all.

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The article Biden Decries School Shootings at White House Event Marking New Gun Measure outlines the press conference that President Biden held to discuss the new Bipartisan Safer Communities Act. In the article, it discusses some of the laws that will make access to guns more challenging, and how mental health support will be increased in schools. Some people in attendance of the press conference included members of the Uvalde community, who had recently experienced the loss of 19 students and two teachers as the hands of a gunman, and parents of victims of other school shootings. Some view the steps in the Bipartisan Safer Communities Act as a step in the right direction in reducing school shootings, while others view it as not enough (Walsh, 2022).

Walsh, Mark. (2022, July 11).  Biden decries school shootings at White House event marking new gun measure. Retrieved from https://www.edweek.org/leadership/biden-decries-school-shootings-at-white-house-event-marking-new-gun-measure/2022/07

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President Joe Biden on Monday highlighted mass shootings at schools and other recent incidents of gun violence before some 1,700 guests on the South Lawn of the White House to commemorate the recent passage of gun-control legislation.

"Make no mistake about it: This legislation is real progress, but more has to be done," Biden said, reiterating his calls for the restoration of a federal ban on assault weapons and high-capacity ammunition magazines.

But an attendee who lost a son in a mass school shooting in Parkland, Fla., in 2018 interrupted the president at one point demanding that even more be done before he was escorted out.

The event was organized to mark the passage in June of the Bipartisan Safer Communities Act, which denies firearms to a broader category of domestic abusers, empowers authorities to remove weapons from people judged to be dangerous, and toughens requirements for young people buying guns. Biden signed the measure on June 25.

"That's what we owe those families in Uvalde, where an elementary school became a killing field," the president said, referring to the May 24 shooting at Robb Elementary School in the Texas town that killed 19 children and two teachers.

Roy Guerrero, a Uvalde pediatrician who has spoken out about the horrific damage that the victims of that shooting suffered, was one of only four people to speak at the event, along with Biden, Vice President Kamala Harris, and Garnell Whitfield Jr., whose mother was among the 10 people killed in the racially motivated mass shooting at a supermarket in in Buffalo, N.Y., in May. All those killed were Black.

"It's been tough being a pediatrician in a community where children don't want to return to school and parents don't want to send them there with the fear of the future attack," Guerrero said.

Biden said the "red-flag" provision of the new law could have prevented the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Fla., in which 17 people were killed.

"How many more mass shootings do we have to see where a shooter is 17-, 18-years old and able to get his hands on a weapon and go on a killing spree?" Biden said.

The law also provides funding to address "the youth mental health crisis in this country," the president said

"Guns are the number one killer of children in the United States," Biden said. "More than car accidents. More than cancer. And over the last two decades, more high school children have died from gunshots than on-duty police officers and active-duty military combined. Think of that. ... We can't let it happen any longer."

A Parkland father interrupts the president and demands more be done

The event took a dramatic turn early on when a guest stood and interrupted the president after Biden said the new law was evidence "we can make meaningful progress on dealing with gun violence."

"We have to do more than that!" said Manuel Oliver, according to the Associated Press. Oliver's son Joaquin was killed in the Parkland shooting. "I've been trying to tell you this for years," Oliver continued.

"Sit down, you'll hear what I have to say," Biden said when he was first interrupted. "Let me finish my comments." Then, the president said, "Let him talk. Let him talk." But a White House aide confronted Oliver and escorted him from the South Lawn.

Oliver said on CNN Monday that he objected to unspecified references to the event as a "celebration" of the new gun-control law, "getting together like we're going ... to a wedding today, you know, would all receive invitations. ... And meanwhile you can see these mothers [from Uvalde] that just saw how their kids were massacred inside the school." (The White House referred to it as an event "commemorating" the law.)

Another outspoken Parkland father had a different attitude about the White House event.

"Today is a big deal," Fred Guttenberg, whose daughter Jaime was killed at Marjory Stoneman Douglas High, said in an interview with Education Week outside the West Wing. "Today is a day that is going to lead to really saving lives."

Guttenberg attracted attention in the fall of 2018 when he sought to shake hands with then-U.S. Supreme Court nominee Brett M. Kavanaugh at his confirmation hearing, only to be rebuffed. Kavanaugh said he was not aware Guttenberg was the father of a Parkland victim and that he would have shaken his hand.

"My daughter stands on my shoulders," Guttenberg said Monday. "And I just know with pride, that she's proud of what happened today, because her life will be forever attached with the idea that there will be lives saved. For my wife and I ... that's a big deal."

After the event, Guttenberg could be seen greeting Illinois Gov. J.B. Pritzker, a Democrat, and Highland Park, Ill., Mayor Nancy Rotering outside the West Wing. Biden had met with Pritzker and Rotering privately and mentioned them in his speech as they attended the Monday event one week after the mass shooting in that Chicago suburb that killed seven people during a community Fourth of July parade.

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Biden Decries School Shootings at White House Event Marking New Gun Measure

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President Joe Biden on Monday highlighted mass shootings at schools and other recent incidents of gun violence before some 1,700 guests on the South Lawn of the White House to commemorate the recent passage of gun-control legislation.

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Following the mass shooting in Uvalde, schools reported that there was an increase in violent threats against schools across the nation. In the article Violent threats against schools increase after Uvalde shooting, Naaz Modan discusses how the number of student misbehaviors increased since students returned to schools after being closed due to COVID-19. Following the Uvalde shooting, violent threats at schools increased. Many would argue that schools should respond by increasing the level of law enforcement, practiced active shooter drills, and increased the efforts to complete backpack and locker searches, but mental health professionals advise against it, claiming that it can increase the level of trauma for students, especially following a mass shooting (Modan, 2022).

Modan, Naaz. (2022, June 2). Violent threats against schools increase after Uvalde shooting. Retrieved from https://www.k12dive.com/news/violent-threats-against-schools-increase-after-uvalde-shooting/624799/

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This audio is auto-generated. Please let us know if you have feedback.

Dive Brief:

In the week following the mass shooting in Uvalde, Texas, multiple school shooting threats have surfaced across the nation, prompting schools to increase security or shut down buildings entirely.

In New York, a 16-year-old and 18-year-old at two Long Island high schools were arrested for violent threats.  Other threats have been made against multiple schools in states including California, Florida, Maine, Maryland and Texas.

Those accused of threatening school shootings range from men to teenagers and young boys. In Cape Coral, Florida, a 10-year-old student in 5th grade was charged with making a written threat to conduct a mass shooting

Dive Insight:

Following the COVID-19 pandemic school building reopenings, administrators and staff braced for an increase in student misbehavior, including aggression and gun violence. According to a survey conducted by the American Psychological Association and released in March, about a third of teachers reported experiencing at least one incident of verbal harassment or violent threats from students between July 2020 and June 2021.

While school shootings dropped during building closures, they have returned to pre-pandemic levels and may have even increased, according to Sandy Hook Promise, a national nonprofit organization started by Sandy Hook Elementary School parents after the December 2012 massacre there.

"It really has felt like a pressure cooker," Gerard Lawson, a licensed professional counselor who helped coordinate the response to the 2007 shootings at Virginia Tech, said about the pandemic's impact on schools and students. "And we have all been sort of waiting for the other shoe to drop … it's not going to be the reason for any of this [violence], but it certainly can't have helped."

In the wake of the May 24 Uvalde shooting that left 19 children and two teachers dead, reports of additional threats have quickly surfaced. While the FBI has declined to comment, previous documents from the agency released in conjunction with the Department of Justice suggest an increase in threats is possible.

"School shootings and other violent incidents that receive intense media attention can generate threats or copycat violence elsewhere. Copycat behavior is very common, in fact," the school shooter threat assessment document states. "Anecdotal evidence strongly indicates that threats increase in schools nationwide after a shooting has occurred anywhere in the United States."

The document suggests students, teachers, school administrators and law enforcement officials "should be more vigilant in noting disturbing student behavior in the days and weeks or even several months following a heavily publicized incident elsewhere in the country."

Following school shootings, it is common for schools to increase security, including tapping into law enforcement for help.

Advocates of school resource officers, or SROs, say well-trained school-based officers can prevent shootings by improving the school climate and building relationships with students.

Some research, however, shows no evidence that SROs improve school safety or reduce school violence. The use of police in schools has also received increased scrutiny after the Uvalde shooting and reports surfacing that police did not immediately confront the shooter.

There is also concern that some security measures may actually make students feel unsafe.

"There is research to support that the presence of police and SROs and metal detectors and random locker checks and clear backpacks are directly linked to the psychological trauma response," said Addison Duane, a former elementary school teacher with a Ph.D. in educational psychology and now a professor at Wayne State University. Duane’s research and expertise includes trauma and racism in schools.

T here have also been reports of schools holding additional active shooter drills — a security measure that has been criticized by some teachers and others for the trauma it can cause students, especially right after a mass shooting.

"There are ways to do drills like that in a more humane way," Lawson said. "Because sometimes they can be very traumatizing for children. I've heard of situations where they've used starter pistols in the hallway to sort of mimic the sound of gunfire."

Instead, Lawson said, elementary school teachers could use the example of a lion or bear outside the building rather than an active shooter.

"I believe there should be some grace period here for kids to be able to decompress a little bit after something like this," Lawson said.

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Violent threats against schools increase after Uvalde shooting

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An FBI document advises administrators to look out for "disturbing student behavior" for several months following a publicized shooting.

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https://constitution.congress.gov/constitution/amendment-2/

The Second Amendment of the United States Constitution is the right to bear arms. It states "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"  (U.S. Const. amend. II). This constitutional law protects the U.S. citizens right to own firearms.

Must be at least 18 years old.

Must undergo a background check.

Must also meet certain personal requirements, such as you cannot have certain mental illnesses, and you cannot have a history of violence.

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https://legiscan.com/TX/bill/HB1927/2021

In 2021, Texas Legislature passed House Bill 1927 (HB 1927). This legislative law allows Texas to carry a firearm on them at all times.

Must be 21 years old.

Must have legally purchased the firearm.

Do not need a license to carry the holstered gun.

Cannot carry the weapon on places such as schools, court houses, airports, and polling locations.

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nginx

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Summary (2021-06-16) Relating to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a fire

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https://codes.findlaw.com/tx/education-code/educ-sect-37-125.html
Texas Education Code 37.125 (Tex. Educ. Code § 37.125) is a statutory law that states that it is illegal to bring a gun on and around a school campus, and on school buses.

A fire arm cannot be exhibited in these locations.

A threat of harm cannot be made in these locations.

An offense of either of these will either result in a felony or class a misdemeanor.

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Search Texas Statutes

Search by Keyword or Citation

(a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally:

(1) exhibits or uses a firearm:

(A) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school;  or

(B) on a school bus being used to transport children to or from school-sponsored activities of a private or public school;

(2) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B) and was in possession of or had immediate access to the firearm;  or

(3) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B).

(b) An offense under Subsection (a)(1) or (2) is a third degree felony.

(c) An offense under Subsection (a)(3) is a Class A misdemeanor.

Cite this article: FindLaw.com - Texas Education Code - EDUC § 37.125. Exhibition, Use, or Threat of Exhibition or Use of Firearms - last updated April 14, 2021 | https://codes.findlaw.com/tx/education-code/educ-sect-37-125.html

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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Texas Education Code - EDUC § 37.125 | FindLaw

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Search by Keyword or Citation (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally: (1) exhibits or uses a firearm: (A) in or on any property, including a parking lot, parking garage, or other

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https://www.law.cornell.edu/uscode/text/18/922.html

The Gun Free School Zones Act of 1990 (18 U.S. Code § 922 (q) (3) (A)) states that, "It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate and foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone." This administrative law states that it is illegal to carry guns into a school zone.

Some exceptions include:

By an individual who is part of a program approved by the school.

A law enforcement official.

If the gun is not loaded and in a locked container inside a vehicle.

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(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-

any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;

(c) In any case not otherwise prohibited by this chapter, a licensed importer, licensed manufacturer, or licensed dealer may sell a firearm to a person who does not appear in person at the licensee's business premises (other than another licensed importer, manufacturer, or dealer) only if-

the transferee submits to the transferor a sworn statement in the following form:

"Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age; that I am not prohibited by the provisions of chapter 44 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce; and that my receipt of this firearm will not be in violation of any statute of the State and published ordinance applicable to the locality in which I reside. Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are ____________

_______________________

Signature _________ Date ____."

and containing blank spaces for the attachment of a true copy of any permit or other information required pursuant to such statute or published ordinance;

A copy of the sworn statement and a copy of the notification to the local law enforcement officer, together with evidence of receipt or rejection of that notification shall be retained by the licensee as a part of the records required to be kept under section 923(g).

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person, including as a juvenile -

(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that-

It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

(h) It shall be unlawful for any individual, who to that individual's knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment-

It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.

(1) It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm -

(2) For purposes of this subsection-

(C) the term " Security Exemplar" means an object, to be fabricated at the direction of the Attorney General, that is-

Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of firearms previously prohibited under this subparagraph that are as detectable as a "Security Exemplar" which contains 3.7 ounces of material type 17-4 PH stainless steel, in a shape resembling a handgun, or such lesser amount as is detectable in view of advances in state- of-the-art developments in weapons detection technology.

Under such rules and regulations as the Attorney General shall prescribe, this subsection shall not apply to the manufacture, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or any person acting pursuant to a contract with a licensed manufacturer, for the purpose of examining and testing such firearm to determine whether paragraph (1) applies to such firearm. The Attorney General shall ensure that rules and regulations adopted pursuant to this paragraph do not impair the manufacture of prototype firearms or the development of new technology.

(5) This subsection shall not apply to any firearm which-

has been certified by the Secretary of Defense or the Director of Central Intelligence, after consultation with the Attorney General and the Administrator of the Federal Aviation Administration, as necessary for military or intelligence applications; and

(1) The Congress finds and declares that-

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;

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.

(B) Subparagraph (A) does not apply to the possession of a firearm -

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;

(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless-

(A) after the most recent proposal of such transfer by the transferee-

received from the transferee a statement of the transferee containing the information described in paragraph (3);

verified the identity of the transferee by examining the identification document presented;

5 business days (meaning days on which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or

the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law;

(F) on application of the transferor, the Attorney General has certified that compliance with subparagraph (A)(i)(III) is impracticable because-

(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only-

(4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall, within 1 business day after receipt of such request, communicate any information related to the transfer that the transferor has about the transfer and the transferee to-

(B) Unless the chief law enforcement officer to whom a statement is transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would violate Federal, State, or local law-

(7) A chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages-

(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless-

(C) in the case of a person less than 21 years of age, in addition to all other requirements of this chapter-

(iii) in the case of such a person with respect to whom the system notifies the licensee in accordance with clause (ii) that cause exists to further investigate a possibly disqualifying juvenile record under subsection (d), 10 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that-

(2) If transfer or receipt of a firearm would not violate subsection (d), (g), or (n) (as applicable) or State, local or Tribal law, the system shall-

(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if-

(C) on application of the transferor, the Attorney General has certified that compliance with paragraph (1)(A) is impracticable because-

If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that transfer of a firearm to or receipt of a firearm by such other person would violate subsection (d), (g), or (n) (as applicable) of this section or State ⁵ local, or Tribal law, the Attorney General may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000.

(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages-

It shall be unlawful for a person to steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufacturing, or dealing in firearms, any firearm in the licensee's business inventory that has been shipped or transported in interstate or foreign commerce.

(3) This subsection does not apply to-

(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile -

(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except-

during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or

with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.

(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.-

(2) Exceptions.- Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is-

(B) an official representative of a foreign government who is-

an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or

(A) Conditions for waiver.- Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if-

(B) Petition.- Each petition under subparagraph (B) shall-

(C) Approval of petition.- The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner-

(z) Secure Gun Storage or Safety Device.-

(C) Defined term.- As used in this paragraph, the term " qualified civil liability action "-

(i) means a civil action brought by any person against a person described in subparagraph (A) for damages resulting from the criminal or unlawful misuse of the handgun by a third party, if-

(Added Pub. L. 90-351, title IV, § 902, , 82 Stat. 228; amended Pub. L. 90-618, title I, § 102, , 82 Stat. 1216; Pub. L. 97-377, title I, § 165(a), , 96 Stat. 1923; Pub. L. 99-308, § 102, , 100 Stat. 451; Pub. L. 99-408, § 2, , 100 Stat. 920; Pub. L. 99-514, § 2, , 100 Stat. 2095; Pub. L. 100-649, § 2(a), (f)(2)(A), , 102 Stat. 3816, 3818; Pub. L. 100-690, title VII, § 7060(c), , 102 Stat. 4404; Pub. L. 101-647, title XVII, § 1702(b)(1), title XXII, §§ 2201, 2202, 2204(b), title XXXV, § 3524, , 104 Stat. 4844, 4856, 4857, 4924; Pub. L. 103-159, title I, § 102(a)(1), (b), title III, § 302(a)-(c), , 107 Stat. 1536, 1539, 1545; Pub. L. 103-322, title XI, §§ 110102(a), 110103(a), 110105(2), 110106, 110201(a), 110401(b), (c), 110511, 110514, title XXXII, §§ 320904, 320927, title XXXIII, § 330011(i), , 108 Stat. 1996, 1998, 2000, 2010, 2014, 2019, 2125, 2131, 2145; Pub. L. 104-208, div. A, title I, § 101(f) [title VI, §§ 657, 658(b)], , 110 Stat. 3009-314, 3009-369, 3009-372; Pub. L. 104-294, title VI, § 603(b), (c)(1), (d)-(f)(1), (g), , 110 Stat. 3503, 3504; Pub. L. 105-277, div. A, § 101(b) [title I, § 121], , 112 Stat. 2681-50, 2681-71; Pub. L. 107-273, div. B, title IV, § 4003(a)(1), , 116 Stat. 1811; Pub. L. 107-296, title XI, § 1112(f)(4), (6), , 116 Stat. 2276; Pub. L. 109-92, §§ 5(c)(1), 6(a), , 119 Stat. 2099, 2101; Pub. L. 114-94, div. A, title XI, § 11412(c)(2), , 129 Stat. 1688; Pub. L. 117-103, div. W, title XI, § 1104(b), , 136 Stat. 921; Pub. L. 117-159, div. A, title II, §§ 12001(a)(1), (3), 12004(b), , 136 Stat. 1322, 1324, 1329.)

Amendment of Section

For repeal of amendment by section 12001(a)(3) of Pub. L. 117-159, see Effective and Termination Dates of 2022 Amendment note below.

Pub. L. 100-649, § 2(f)(2)(A), , 102 Stat. 3818, as amended by Pub. L. 105-277, div. A, § 101(h) [title VI, § 649], , 112 Stat. 2681-480, 2681-528; Pub. L. 108-174, § 1(1), , 117 Stat. 2481; Pub. L. 113-57, § 1, , 127 Stat. 656, provided that, effective 35 years after the 30th day beginning after , subsection (p) of this section is repealed.

References in Text

The effective date of this chapter, referred to in subsec. (a)(3), is .

For date this subsection takes effect, referred to in subsec. (o)(2)(B), as , see Effective Date of 1986 Amendment note, set out below.

The date of the enactment of this subsection and the date of the enactment of the Undetectable Firearms Act of 1988, referred to in subsec. (p)(2)(C)(i), (6), respectively, are both the date of enactment of Pub. L. 100-649, which enacted subsec. (p) of this section and which was approved .

The date of enactment of this subsection, referred to in subsec. (s)(1), is the date of enactment of Pub. L. 103-159, which was approved .

Section 1028 of this title, referred to in subsec. (s)(3)(A), was subsequently amended, and section 1028(d)(1) no longer defines the term "identification document". However, such term is defined elsewhere in that section.

Section 102 of the Controlled Substances Act, referred to in subsec. (s)(3)(B)(iii), is classified to section 802 of Title 21, Food and Drugs.

Amendments

Pub. L. 117-159, § 12001(a)(1)(A)(i), inserted ", including as a juvenile" after "such person" in introductory provisions.

Subsec. (d)(4). Pub. L. 117-159, § 12001(a)(1)(A)(ii), inserted "at 16 years of age or older" after "institution".

Subsec. (d)(10), (11). Pub. L. 117-159, § 12004(b), added pars. (10) and (11).

Subsec. (t)(1)(B)(ii). Pub. L. 117-159, § 12001(a)(1)(B)(i)(I)(aa), (3), temporarily inserted "subject to subparagraph (C)," before "3 business days". See Effective and Termination Dates of 2022 Amendment note below.

Pub. L. 117-103, § 1104(b)(1), inserted ", or State, local, or Tribal law" after "subsection (g) or (n) of this section".

Subsec. (t)(1)(C), (D). Pub. L. 117-159, § 12001(a)(1)(B)(i)(I)(bb) -(III), (3), temporarily added subpar. (C) and redesignated former subpar. (C) as (D). See Effective and Termination Dates of 2022 Amendment note below.

Subsec. (t)(2). Pub. L. 117-159, § 12001(a)(1)(B)(ii), (3), temporarily inserted "transfer or" before "receipt" and substituted "(d), (g), or (n) (as applicable)" for "(g) or (n)" in introductory provisions. See Effective and Termination Dates of 2022 Amendment note below.

Pub. L. 117-103, § 1104(b)(2), inserted ", local or Tribal" after "State".

Subsec. (t)(4). Pub. L. 117-159, § 12001(a)(1)(B)(iii), (3), temporariy inserted "transfer of a firearm to or" before "receipt" and substituted "(d), (g), or (n) (as applicable)" for "(g) or (n)". See Effective and Termination Dates of 2022 Amendment note below.

Pub. L. 117-103, § 1104(b)(3), inserted "local, or Tribal" after "State".

Subsec. (t)(5). Pub. L. 117-159, § 12001(a)(1)(B)(iv), (3), temporarily inserted "transfer of a firearm to or" before "receipt" and substituted "(d), (g), or (n) (as applicable)" for "(g) or (n)". See Effective and Termination Dates of 2022 Amendment note below.

Pub. L. 117-103, § 1104(b)(4), inserted "local, or Tribal" after "State".

2015-Subsec. (z)(2)(B). Pub. L. 114-94 substituted "directly employed by or contracted by" for "employed by".

2005-Subsec. (a)(7), (8). Pub. L. 109-92, § 6(a), added pars. (7) and (8) and struck out former pars. (7) and (8) which related to prohibitions on the manufacture, importation, sale, and delivery of armor piercing ammunition.

Subsec. (z). Pub. L. 109-92, § 5(c)(1), added subsec. (z).

2002-Subsecs. (a) to (c), (p)(2) to (4). Pub. L. 107-296, § 1112(f)(6), substituted "Attorney General" for "Secretary" wherever appearing.

Subsec. (p)(5)(A). Pub. L. 107-296, § 1112(f)(4), substituted "after consultation with the Attorney General" for "after consultation with the Secretary".

Subsecs. (r), (s). Pub. L. 107-296, § 1112(f)(6), substituted "Attorney General" for "Secretary" wherever appearing.

Subsec. (t)(1)(C). Pub. L. 107-273 substituted "1028(d)" for "1028(d)(1)".

Subsecs. (t)(3), (5), (v), (w). Pub. L. 107-296, § 1112(f)(6), substituted "Attorney General" for "Secretary" wherever appearing.

Subsec. (y). Pub. L. 105-277, § 101(b) [title I, § 121(4)], added subsec. (y).

1996- Pub. L. 104-294, § 603(g), amended Appendix A by substituting "Uberti 1866 Sporting Rifle" for "Uberti 1866 Sporting Rilfe" in category designated "Centerfire Rifles-Lever & Slide", "Sako FiberClass Sporter" for "Sako Fiberclass Sporter" in category designated "Centerfire Rifles-Bolt Action", "Remington 870 SPS Special Purpose Magnum" for "Remington 879 SPS Special Purpose Magnum" in category designated "Shotguns-Slide Actions", and "E.A.A./Sabatti Falcon-Mon Over/Under" for "E.A.A/Sabatti Falcon-Mon Over/Under" in category designated "Shotguns- Over/Unders".

Subsec. (d)(9). Pub. L. 104-208, § 101(f) [§ 658(b)(1)], added par. (9).

Subsec. (g)(7). Pub. L. 104-208, § 101(f) [§ 658(b)(2)(A)], struck out "or" at end.

Subsec. (g)(8)(C)(ii). Pub. L. 104-294, § 603(b), which directed the amendment of cl. (ii) by substituting a semicolon for the comma at end, could not be executed because of the prior amendment by Pub. L. 104-208, § 101(f) [§ 658(b)(2)]. See below.

Pub. L. 104-208, § 101(f) [§ 658(b)(2)(B)], substituted "; or" for comma at end.

Subsec. (g)(9). Pub. L. 104-208, § 101(f) [§ 658(b)(2)(C)], added par. (9).

Subsec. (q). Pub. L. 104-208, § 101(f) [title VI, § 657], amended subsec. (q) generally. Prior to amendment, subsec. (q) made it unlawful, with certain exceptions, for an individual knowingly to possess a firearm at a place that the individual knew, or had reasonable cause to believe, was a school zone or knowingly, or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm at a place that the individual knew was a school zone.

Subsec. (s)(1). Pub. L. 104-294, § 603(c)(1), amended directory language of Pub. L. 103-322, § 320927. See 1994 Amendment note below.

Subsec. (s)(3)(B)(i). Pub. L. 104-208, § 101(f) [title VI, § 658(b)(3)], inserted ", and has not been convicted in any court of a misdemeanor crime of domestic violence" before the semicolon.

Subsec. (t)(2). Pub. L. 104-294, § 603(d), substituted "subsection (g) or (n)" for "section 922(g) or (n)" in introductory provisions.

Subsec. (w)(4). Pub. L. 104-294, § 603(e), substituted " section 923(i) of this title" for " section 923(i) of title 18, United States Code,".

Subsec. (x). Pub. L. 104-294, § 603(f)(1), amended directory language of Pub. L. 103-322, § 110201(a). See 1994 Amendment note below.

Subsec. (a)(9). Pub. L. 103-322, § 110514, added par. (9).

Subsec. (b)(1). Pub. L. 103-322, § 330011(i), amended directory language of Pub. L. 101-647, § 3524. See 1990 Amendment note below.

Subsec. (d)(8). Pub. L. 103-322, § 110401(b), added par. (8).

Subsec. (g)(8). Pub. L. 103-322, § 110401(c), added par. (8).

Subsec. (j). Pub. L. 103-322, § 110511, amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: "It shall be unlawful for any person to receive, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, knowing or having reasonable cause to believe that the firearm or ammunition was stolen."

Subsec. (q). Pub. L. 103-322, § 320904, added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.

Subsec. (s)(1). Pub. L. 103-322, § 320927, as amended by Pub. L. 104-294, § 603(c)(1), inserted "(other than the return of a handgun to the person from whom it was received)" after "handgun" in introductory provisions.

Subsec. (v). Pub. L. 103-322, § 110102(a), which added subsec. (v) prohibiting the manufacture, transfer, or possession of automatic assault weapons, was repealed by Pub. L. 103-322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.

Subsec. (x). Pub. L. 103-322, § 110201(a), as amended by Pub. L. 104-294, § 603(f)(1), added subsec. (x).

1993-Subsec. (e). Pub. L. 103-159, § 302(a), inserted at end "No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm. "

Subsec. (f). Pub. L. 103-159, § 302(b), designated existing provisions as par. (1) and added par. (2).

Subsec. (s). Pub. L. 103-159, § 102(a)(1), added subsec. (s).

Subsec. (t). Pub. L. 103-159, § 102(b), added subsec. (t).

Subsec. (u). Pub. L. 103-159, § 302(c), added subsec. (u).

Subsec. (b)(1). Pub. L. 101-647, § 3524, as amended by Pub. L. 103-322, § 330011(i), substituted semicolon for period at end.

Subsec. (j). Pub. L. 101-647, § 2202(a), substituted "which constitutes, or which has been shipped or transported in" for "or which constitutes".

Subsec. (k). Pub. L. 101-647, § 2202(b), inserted before period at end "or to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce".

Subsec. (q). Pub. L. 101-647, § 1702(b)(1), added subsec. (q).

Subsec. (r). Pub. L. 101-647, § 2204(b), added subsec. (r).

1988-Subsec. (g)(3). Pub. L. 100-690 inserted "who" before "is".

Subsec. (p). Pub. L. 100-649 added subsec. (p).

1986-Subsec. (a)(1). Pub. L. 99-308, § 102(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "for any person, except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms or ammunition, or in the course of such business to ship, transport, or receive any firearm or ammunition in interstate or foreign commerce; ".

Subsec. (a)(2)(A). Pub. L. 99-308, § 102(2)(B), substituted "licensed dealer, or licensed collector" for "or licensed dealer for the sole purpose of repair or customizing".

Subsec. (a)(3)(B). Pub. L. 99-308, § 102(3), substituted "firearm" for "rifle or shotgun" and "with subsection (b)(3) of this section" for "with the provisions of subsection (b)(3) of this section".

Subsec. (a)(7), (8). Pub. L. 99-408 added pars. (7) and (8).

Subsec. (b)(3)(A). Pub. L. 99-308, § 102(4)(B), inserted a new cl. (A) and struck out former cl. (A) which provided that par. (3) "shall not apply to the sale or delivery of a rifle or shotgun to a resident of a State contiguous to the State in which the licensee's place of business is located if the purchaser's State of residence permits such sale or delivery by law, the sale fully complies with the legal conditions of sale in both such contiguous States, and the purchaser and the licensee have, prior to the sale, or delivery for sale, of the rifle or shotgun, complied with all of the requirements of section 922(c) applicable to intrastate transactions other than at the licensee's business premises,".

Subsec. (b)(5). Pub. L. 99-308, § 102(4)(E), substituted "or armor-piercing ammunition" for "or ammunition except .22 caliber rimfire ammunition".

Subsec. (d). Pub. L. 99-308, § 102(5)(A), substituted "person" for "licensed importer, licensed manufacturer, licensed dealer, or licensed collector" in provision preceding par. (1).

Subsec. (d)(5) to (7). Pub. L. 99-308, § 102(5)(C), (D), added pars. (5) to (7).

Subsec. (g). Pub. L. 99-308, § 102(6)(D), in concluding provision substituted "in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce" for "any firearm or ammunition in interstate or foreign commerce".

Subsec. (g)(1). Pub. L. 99-308, § 102(6)(A), struck out "is under indictment for, or who" after "who".

Subsec. (g)(5) to (7). Pub. L. 99-308, § 102(6)(C), added pars. (5) to (7).

Subsec. (h). Pub. L. 99-308, § 102(7), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: "It shall be unlawful for any person-

"(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

"(2) who is a fugitive from justice;

"(3) who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or

"(4) who has been adjudicated as a mental defective or who has been committed to any mental institution;

Subsec. (n). Pub. L. 99-308, § 102(8), added subsec. (n).

Subsec. (o). Pub. L. 99-308, § 102(9), added subsec. (o).

1968-Subsec. (a)(1). Pub. L. 90-618 reenacted par. (1) without change.

Subsec. (a)(2). Pub. L. 90-618 added licensed collectors to the enumerated list of licensees subject to the provisions of this chapter, struck out exemption for the shipment or transportation in interstate or foreign commerce for rifles or shotguns, and inserted exemption authorizing an individual to mail a lawfully owned firearm to the specified licensees for the sole purpose of repair or customizing.

Subsec. (a)(4). Pub. L. 90-618 added licensed collectors to the enumerated list of licensees, and provided that the transporting of the specified articles be authorized by the Secretary when consistent with public safety and necessity.

Subsec. (a)(5). Pub. L. 90-618 added licensed collectors to the enumerated list of exempted licensees, prohibited the transfer, etc., of any firearm when the transferor has reasonable cause to believe that the transferee resides in a State other than that in which the transferor resides, and substituted provisions which exempted the transfer, transportation, or delivery of firearms incident to a bequest or intestate succession and the loan or rental of firearms to any person for temporary use for lawful sporting purposes for provisions which exempted the transfer of shotguns or rifles and prohibited the transfer, etc., of any firearm which the transferee could not lawfully purchase or possess in accord with the applicable laws, regulations or ordinances of the state or political subdivision in which the transferee resides.

Subsec. (b). Pub. L. 90-618, in provision preceding par. (1), added licensed collectors to the enumerated list of licensees.

Subsec. (b)(4). Pub. L. 90-618 substituted provisions making it unlawful to sell or deliver any of the specified articles, except as specifically authorized by the Secretary as consistent with public safety and necessity, for provisions making it unlawful to sell or deliver any of the specified articles, unless the transferor has obtained a sworn statement executed by the principal law enforcement officer of the locality in which the transferee resides stating that such person's receipt or possession would not be unlawful, and that the receipt or possession is intended for lawful purposes, with such sworn statement to be retained by the licensee as part of the records required to be kept under this chapter.

Subsecs. (c), (d). Pub. L. 90-618 added subsec. (c), redesignated former subsec. (c) as (d), added licensed collectors to the enumerated list of licensees, extended the prohibition against disposal of firearms or ammunition to include the disposal by any person who is an unlawful user of or addicted to marihuana or any depressant, stimulant, or narcotic drug, or any person who has been adjudicated a mental defective or has been committed to any mental institution, and inserted "or ammunition" after "the sale or disposition of a firearm". Former subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 90-618 added subsec. (e). Former subsec. (e) redesignated (g).

Subsec. (f). Pub. L. 90-618 redesignated former subsec. (d) as (f) and extended the prohibition against transportation or delivery to include ammunition. Former subsec. (f) redesignated (h).

Subsec. (k). Pub. L. 90-618 redesignated former subsec. (i) as (k). Former subsec. (k) redesignated (m).

Subsec. (l). Pub. L. 90-618 redesignated former subsec. (j) as (l).

Subsec. (m). Pub. L. 90-618 redesignated former subsec. (k) as (m) and added licensed collectors to the enumerated list of licensees.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 3001 of Title 50, War and National Defense.

Post Office Department, referred to in subsec. (c)(2), redesignated United States Postal Service pursuant to Pub. L. 91-375, § 6(o), , 84 Stat. 733, set out as a note preceding section 101 of Title 39, Postal Service.

Effective and Termination Dates of 2022 Amendment

"Effective on , paragraphs (1)(B) and (2) [amending this section and section 40901 of Title 34, Crime Control and Law Enforcement] are repealed, and the provisions of law amended by those paragraphs are restored as if those paragraphs had not been enacted."

Effective Date of 2015 Amendment

Effective Date of 2005 Amendment

"This section [amending this section and section 924 of this title and enacting provisions set out as notes under this section and section 921 of this title] and the amendments made by this section shall take effect 180 days after the date of enactment of this Act []."

Effective Date of 2002 Amendment

Effective Date of 1996 Amendment

"The amendment made by paragraph (1) [amending this section] shall take effect as if the amendment had been included in section 320927 of the Act referred to in paragraph (1) [ Pub. L. 103-322] on the date of the enactment of such Act []."

"The amendment made by paragraph (1) [amending this section] shall take effect as if the amendment had been included in section 110201 of the Act referred to in paragraph (1) [ Pub. L. 103-322] on the date of the enactment of such Act []."

Pub. L. 104-294, title VI, § 603(i)(2), , 110 Stat. 3504, which provided that the amendment made by section 603(i)(1) of Pub. L. 104-294, which amended provisions that have been editorially reclassified as sections 40302 and 40901 of Title 34, Crime Control and Law Enforcement, was to take effect as if the amendment had been included in section 210603(b) of Pub. L. 103-322 on , was editorially reclassified and is set out as a note under section 40302 of Title 34.

Effective and Termination Dates of 1994 Amendment

Effective Date of 1990 Amendment

Effective Date of 1988 Amendment; Sunset Provision

Pub. L. 100-649, § 2(f), , 102 Stat. 3818, as amended by Pub. L. 101-647, title XXXV, § 3526(b), , 104 Stat. 4924; Pub. L. 105-277, div. A, § 101(h) [title VI, § 649], , 112 Stat. 2681-480, 2681-528; Pub. L. 108-174, § 1, , 117 Stat. 2481; Pub. L. 113-57, § 1, , 127 Stat. 656, provided that:

This Act and the amendments made by this Act [amending this section and sections 924 and 925 of this title and enacting provisions set out as notes under this section, section 921 of this title, and section 1356 of former Title 49, Transportation] shall take effect on the 30th day beginning after the date of the enactment of this Act [].

"(2) Sunset.- Effective 35 years after the effective date of this Act-

subsection (f) of section 924 of such title is hereby repealed and subsections (g) through (o) of such section are hereby redesignated as subsections (f) through (n), respectively;

subsection (f) of section 925 of such title is hereby repealed;

section 924(a)(1) of such title is amended by striking 'this subsection, subsection (b), (c), or (f) of this section, or in section 929' and inserting 'this chapter'; and

"(E) section 925(a) of such title is amended-

in paragraph (1), by striking 'and provisions relating to firearms subject to the prohibitions of section 922(p)'; and

in paragraph (2), by striking ', except for provisions relating to firearms subject to the prohibitions of section 922(p),'; and

in each of paragraphs (3) and (4), by striking 'except for provisions relating to firearms subject to the prohibitions of section 922(p),'."

Rule of Construction

"Nothing in this section [enacting sections 932 to 934 of this title, amending this section, sections 924, 1956, 1961, and 2516 of this title, section 240 of Title 6, Domestic Security, section 534 of Title 28, Judiciary and Judicial Procedure, and section 40901 of Title 34, Crime Control and Law Enforcement, and enacting provisions set out as notes under sections 509 and 534 of Title 28, listed in a table relating to sentencing guidelines set out under section 994 of Title 28, and set out as a note preceding section 41101 of Title 34], or an amendment made by this section, shall be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions."

"The purposes of this section [amending this section and section 924 of this title and enacting provisions set out as notes under this section and section 921 of this title] are-

to promote the safe storage and use of handguns by consumers;

to prevent unauthorized persons from gaining access to or use of a handgun, including children who may not be in possession of a handgun; and

to avoid hindering industry from supplying firearms to law abiding citizens for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting."

[For definition of "person" as used in section 5(b) of Pub. L. 109-92, set out above, see section 7903 of Title 15, Commerce and Trade.]

Liability; Evidence

"(A) Liability.- Nothing in this section [amending this section and section 924 of this title and enacting provisions set out as notes under this section and section 921 of this title] shall be construed to-

create a cause of action against any Federal firearms licensee or any other person for any civil liability; or

Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action relating to section 922(z) of title 18, United States Code, as added by this subsection.

"(C) Rule of construction.-

Nothing in this paragraph shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(z) of that title."

[For definition of "person" as used in section 5(c)(3) of Pub. L. 109-92, set out above, see section 7903 of Title 15, Commerce and Trade.]

Criminal Background Checks for Persons Offering Firearm as Collateral

Pub. L. 112-55, div. B, title V, § 511, , 125 Stat. 632, which prohibited the use of funds appropriated pursuant to div. B of Pub. L. 112-55 for the implementation of any criminal background check system that does not require the destruction of personally identifying information of persons not prohibited from possessing or receiving firearms, was editorially reclassified (along with prior similar provisions) and is set out as a note under section 40901 of Title 34, Crime Control and Law Enforcement.

Availability of Violent Crime Reduction Trust Fund To Fund Activities Authorized by Brady Handgun Violence Prevention Act and National Child Protection Act of 1993

Pub. L. 103-322, title XXI, § 210603(a), , 108 Stat. 2074, which provided that certain amounts authorized in sections 40103(b), 40302(2), and 40901(k) of Title 34, Crime Control and Law Enforcement, may be appropriated from the Violent Crime Reduction Trust Fund, was repealed by Pub. L. 109-162, title XI, § 1154(b)(4), , 119 Stat. 3113.

National Instant Criminal Background Check System

Section 1 was editorially reclassified as a note under section 10101 of Title 34, Crime Control and Law Enforcement;

Sections 2 and 3 were editorially reclassified as sections 40902 and 40903, respectively, of Title 34;

Titles I (§ 101 et seq.), II (§ 201), and III (§ 301) were editorially reclassified as subchapter I (§ 40911 et seq.), subchapter II (§ 40931), and subchapter III (§ 40941), respectively, of chapter 409 of Title 34; and

Title IV ( § 401) was omitted from the Code as obsolete.

Pub. L. 103-159, title I, § 103, , 107 Stat. 1541, as amended by Pub. L. 103-322, title XXI, § 210603(b), , 108 Stat. 2074; Pub. L. 104-294, title VI, § 603(h), (i)(1), , 110 Stat. 3504; Pub. L. 110-180, title I, § 101(a), , 121 Stat. 2561, which provided for the establishment of a national instant criminal background check system, was editorially reclassified as section 40901 of Title 34, Crime Control and Law Enforcement.

Funding for Improvement of Criminal Records

Pub. L. 103-159, title I, § 106(b), , 107 Stat. 1544, as amended by Pub. L. 103-322, title XXI, § 210603(b), , 108 Stat. 2074; Pub. L. 104-294, title VI, § 603(i)(1), , 110 Stat. 3504, which directed the Attorney General to provide grants to States for the improvement of criminal history record systems, was editorially reclassified as section 40302 of Title 34, Crime Control and Law Enforcement.

Gun-Free Zone Signs

"Federal, State, and local authorities are encouraged to cause signs to be posted around school zones giving warning of prohibition of the possession of firearms in a school zone."

Studies To Identify Equipment Capable of Distinguishing Security Exemplar From Other Metal Objects Likely To Be Carried on One's Person

Pub. L. 100-649, § 2(e), , 102 Stat. 3817, directed the Attorney General, the Secretary of the Treasury, and the Secretary of Transportation to conduct studies to identify available state-of-the-art equipment capable of detecting the Security Exemplar (as defined in subsec. (p)(2)(C) of this section) while distinguishing innocuous metal objects; studies were to be completed within 6 months after , and include a schedule to install such equipment at the earliest practicable time at security checkpoints maintained or regulated by the agency conducting the study.

Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System

Memorandum of President of the United States, , 78 F.R. 4297, which required the Department of Justice to issue guidance to agencies regarding the identification and sharing of relevant Federal records and their submission to the National Instant Criminal Background Check System, was editorially reclassified and is set out as a note under section 40911 of Title 34, Crime Control and Law Enforcement.

The following state regulations pages link to this page.

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(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver- any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition

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According to the Katy ISD Discipline Management Plan and Student Code of Conduct, "students are prohibited from using, or exhibiting threatening to exhibit or use a firearm in a manner intending to cause alarm or personal injury to another person or to damage school property in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school, or of a vehicle owned or operated by the District being used to transport children to or from school-sponsored activities. Students in violation will be disciplined as required by state law" (KISD, 2022, p. 10). Students who violate this local administrative policy will be expelled for one year. There are many other examples of weapons that can result in expulsion, however firearms are the weapon that are causing mass casualties in school.

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https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2
The Educator's Code of Ethics standard 3.2 states that "the educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor" (TAC §247.2). The ethics code stated can be interpreted many ways. In regards to firearms on campus, and active shooters, it can be interpreted to mean that an educator should not be permitted to bring a firearm on campus, not because of the teacher's ill intentions, but other people who can access the firearm. If teachers are allowed to carry guns on campus, it has the potential to lead to an ethical dilemma if the the gun falls into the wrong hands.

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Slide 12-Personal Connection to the Legal and Ethical Standards

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Slide 12-Personal Connection to the Legal and Ethical Standards

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As an educator in today's society, active shooter drills are a regular part of the school year. While school zones are protected as gun free zones, the laws are making access to guns easier. As an educator, I feel that the laws are contradictory. We must make schools safe, yet guns are easier than ever to access. The mass shooting in Uvalde revealed that there are many gaps in school safety, and the best way to be proactive is to train staff and students how to stay safe in the event of an active shooter. It is my goal as an educator, and as an administrator to ensure that I and my staff are well informed and trained on active shooter response in order to maintain a safe learning environment for all students.

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Slide 13-Bulleted list of Recommendations / Best Practices for Compliance

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Slide 13-Bulleted list of Recommendations / Best Practices for Compliance

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Best practices for firearm safety on campus:

Maintain frequent contact with district and local law enforcement.

Attend National Incident Management System (NIMS) trainings to know the steps for emergency management and response.

Communicate with parents that are members of law enforcement that guns can only be carried on campus if they have their badge displayed.

Train faculty on methods to keeping the campus safe. Encourage the "see something, say something" mentality.

Train faculty and staff on CRASE steps to take in the event of an active shooter.

Educate the students on what to do in the case of an active shooter.

Practice safety drills frequently as a whole school.

Attend district safety liaison meetings, and communicate changes with staff.

Increase mental health support for students from school counselors.