Why Gun Free Zones Do Not Work.!

Findings from the Crime Prevention Research Center (CPRC) show that 97.8 percent of mass shootings over a 68-year period occurred in “GUN-FREE ZONES.” According to CPRC, 97.8 percent of mass public shootings from 1950 to May 2018 occurred in gun-free zones. -------------------------------------------------------------------------------------------------------------------------------------------------------------Do Gun-Free Zones Work? When U.S. adults were asked which places they are stressed about a mass shooting occurring, they said: A public event (54%) Shopping mall (50%) School or university (42%) Movie theater (38%) ------------------------------------------------------------------------------------------------------------------------------------------------------------- Mass shootings are more likely to happen in densely-populated spaces, such as schools, places of worship, and shopping centers—many of which happen to be gun-free zones ------------------------------------------------------------------------------------------------------------------------------------------------------------- Certain public spaces, like courthouses and schools, are designated as gun-free zones. With the rise in high-profile mass shootings in recent years— like the tragedies at Robb Elementary in Uvalde, Texas, and Marjory Stone Douglas High School in Parkland, Florida—people are beginning to question whether gun-free zones actually increase safety. -------------------------------------------------------------------------------------------------------------------------------------------------------------- No matter what a person’s beliefs are, the one thing that everyone can agree on is that senseless mass shootings need to end. People should feel safe when they leave their homes and, sadly, that isn’t the case today. According to a recent survey, one-third of adults say that a fear of mass shootings prevents them from going to certain places or events. -------------------------------------------------------------------------------------------------------------------------------------------------------------- As organizational leaders work toward making our communities safer, it’s natural to assess what’s working and what isn’t working—and that brings us to the question, “Do gun-free zones work?” -------------------------------------------------------------------------------------------------------------------------------------------------------------- Gun-Free Zone Meaning Explained Before we analyze the effectiveness of gun-free zones, it’s important to be clear on what “gun-free zone” truly means and how the gun-free zone act came to be. -------------------------------------------------------------------------------------------------------------------------------------------------------------- Gun-Free Zone Definition: A gun-free zone is a designated area where the use or possession of firearms is a crime. -------------------------------------------------------------------------------------------------------------------------------------------------------------- While the term “gun-free zone” is fairly self-explanatory, it may come as a surprise that there are exceptions to this rule that vary from state to state. In the case of schools, some states make exceptions for school employees (other than security personnel), concealed carry license holders, or for anyone with permission from school authorities. --------------------------------------------------------------------------------------------------------------------------------------------------------------

Federal Gun-Free School Zones Act -------------------------------------------------------------------------------------------------------------------------------------------------------------- This brings us to the Federal Gun-Free School Zones Act of 1990 (GFSZA). Passed in 1990, this act states that it is illegal for any person (who does not meet an authorized exception) to knowingly possess a gun on school grounds or within 1,000 feet of school grounds. This 1,000-foot buffer zone applies to all public roads and sidewalks but does not apply to private property. -------------------------------------------------------------------------------------------------------------------------------------------------------------- In 1995, the United States v. Lopez case spurred the question of whether the GFSZA was unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause. -------------------------------------------------------------------------------------------------------------------------------------------------------------- It was decided that the possession of a gun in a school zone is not an economic activity that has a substantial effect on interstate commerce, and so the act was amended to include outlawing guns that have been part of interstate commerce near a school. No other amendments were made. -------------------------------------------------------------------------------------------------------------------------------------------------------------- As organizational leaders work toward making our communities safer, it’s natural to assess what’s working and what isn’t working—and that brings us to the question, “Do gun-free zones work?” -------------------------------------------------------------------------------------------------------------------------------------------------------------- Does the Gun-Free Zones Act Apply to Other Public Spaces? The Gun-Free School Zones Act only applies to K12 schools, both public and private. It does not apply to other public spaces. -------------------------------------------------------------------------------------------------------------------------------------------------------------- Open carry and concealed carry laws will vary from state to state. In some states, there is an Opt-Out Statute that allows a private business to opt out of their state’s concealed carry laws. This allows them to enforce their own policies about carrying firearms on their business premises. Customers found in violation of the gun-free zone signs and policies of a business can be held liable for trespassing charges or may lose their carrying privileges. ------------------------------------------------------------------------------------------------------------------------------------------------------------- Currently, the U.S. states that permit Opt-Out Statutes include: Arizona Arkansas Connecticut Minnesota Missouri New Mexico Ohio Oklahoma South Carolina Texas Separate from the GFSZA, there are several federally-banned locations for carrying firearms, even with a permit. This includes: Federal courthouses Federal buildings Federal prisons U.S. Army Corps of Engineers Bureau of Land Management National cemeteries Military bases Post office Sterile areas of airports (this is typically the area beyond the passenger screening checkpoint that is designated for passenger’s access to boarding aircraft) Indian reservations (must check with each tribe before carrying firearms on the property, since policies are controlled by tribal law) Any building owned, leased, or rented by the federal government (this includes buildings in national forests, like visitor centers and ranger stations, which are property of the federal government) Do Gun-Free Zones Work? https://zeroeyes.com/gun-free-zones-do-they-make-us-safer/ -------------------------------------------------------------------------------------------------------------------------------------------------------------

The Effects of Gun-Free Zones: Updated January 10, 2023 Federal and state laws bar most individuals from carrying firearms or other weapons in certain locations. For instance, federal laws prohibit the possession of firearms in federal facilities, other than federal court facilities, except for hunting or other lawful purposes (18 U.S.C. 930). Similarly, firearms are prohibited on property belonging to the U.S. Department of Veterans Affairs (38 C.F.R. 1.218) or the U.S. Postal Service (39 C.F.R. 232.1). Two federal laws restrict guns in or around schools offering elementary or secondary education. The Gun-Free School Zones Act of 1990 prohibits most firearms within 1,000 feet of a school, but it does not apply to possession by individuals with state licenses (18 U.S.C. 922).[1] In addition, the Gun-Free Schools Act of 1994 applies to schools receiving federal funds and requires the schools to expel for at least one year any student found in possession of a firearm on school property (20 U.S.C. 7961). ------------------------------------------------------------------------------------------------------------------------------------------------------------- MAY INCREASE We found no qualifying studies showing that gun-free zones increased any of the eight outcomes we investigated. MAY DECREASE We found no qualifying studies showing that gun-free zones decreased any of the eight outcomes we investigated. ------------------------------------------------------------------------------------------------------------------------------------------------------------- INCONCLUSIVE EVIDENCE Violent Crime NO STUDIES MET OUR CRITERIA Defensive Gun Use Gun Industry Outcomes Hunting and Recreation Mass Shootings Police Shootings Suicide ------------------------------------------------------------------------------------------------------------------------------------------------------------- Unintentional Injuries and Deaths In light of the recent Supreme Court decision in New York State Rifle and Pistol Association v. Bruen (597 U.S. ___), which ruled unconstitutional the use of subjective criteria in granting concealed-carry permits, several states have alternatively sought to restrict public carrying of firearms by expanding the locations designated as sensitive places, where guns are prohibited. New York, for instance, enacted legislation banning firearm carriage in privately owned locations unless the property owner grants explicit consent (Willinger, 2022). It is unclear whether these prohibitions will withstand subsequent litigation, but they represent a potentially substantial expansion of the types of gun-free zones designated by state law. ------------------------------------------------------------------------------------------------------------------------------------------------------------- Gun-free zones are intended to reduce violent crime, suicides, unintentional firearm injuries and deaths, and mass shootings in specific locations. In theory, the gun-free zone reduces or eliminates the presence of guns in these areas, thereby eliminating the risk of unintentional firearm injuries due to recklessness, escalatory conflicts, or criminal activity. Gun-free zones establish the legal foundation for imposing screening measures, such as bag checks at stadiums or magnetometer screening at some schools or public buildings, that can be used to ensure that fewer or no guns are present in the location. ------------------------------------------------------------------------------------------------------------------------------------------------------------- Alternatively, if the presence or potential presence of armed civilians deters violence, gun-free zones could serve as more-attractive targets to violent criminals or mass shooters because perpetrators will be less likely to encounter armed resistance in these areas. There is debate over the extent to which perpetrators target gun-free zones. One analysis of 133 mass shooting events between 2009 and 2016 found that 10 percent of incidents occurred in designated gun-free zones (Everytown for Gun Safety Support Fund, 2017b). However, another analysis focused on mass public shootings between 1998 and 2018 and reported that 97.8 percent of incidents took place in gun-free zones (Crime Prevention Research Center, 2018a). While the discrepancy in these estimates is partially due to differences in how mass shootings are defined—the latter study restricts analysis to mass public shootings—there also appears to be some disagreement about how gun-free zones are classified. ------------------------------------------------------------------------------------------------------------------------------------------------------------- To evaluate the effects of gun-free zones, the ideal data would have fine-enough geographic detail to examine changes in outcomes specifically in areas in which gun-free zones were implemented or removed. However, a nationwide database on gun-free zones does not exist, and different decisions about how to classify these areas can lead to widely differing conclusions. Determining whether a given shooting incident occurred in a gun-free zone requires collecting information on local firearm policies; determining whether the place an incident occurred had a policy of allowing or disallowing firearms, which may necessitate fine-grained detail on the location of the incident; and determining whether the location had a means of enforcing that policy, such as bag checks or magnetometer screening. ------------------------------------------------------------------------------------------------------------------------------------------------------------- State Implementation of Gun-Free Zones As of January 1, 2021, there are a multitude of state laws concerning gun-free zones and who may designate them as gun free. Designated gun-free zones can include government buildings, such as courthouses, airports, and police stations; government land; school properties; or specific private properties open to the public. For example, 39 states have enacted laws banning firearms or concealed firearms in state court buildings,[2] subject to various caveats;[3] and seven states have prohibitions related to the general access areas of airports.[4] Some states restrict guns on government land, such as parks and preserves, and some restrict guns on private property open to the public, such as bars and restaurants serving alcohol.[5] (See Giffords Law Center to Prevent Gun Violence, undated-i.) ------------------------------------------------------------------------------------------------------------------------------------------------------------- Many states prohibit guns in schools for kindergarten through grade 12 (K–12). In addition, many states have designated colleges and other postsecondary schools as gun-free zones (Giffords Law Center to Prevent Gun Violence, undated-d). However, in some states, policymakers have decided to allow or encourage the arming of K–12 teachers and staff (see our analysis of laws allowing armed staff in K–12 schools). ------------------------------------------------------------------------------------------------------------------------------------------------------------- Another trend running counter to the designation of gun-free zones is the movement of some states to prohibit local authorities from designating certain areas as gun-free zones. Some states have passed laws requiring college and university campuses to allow concealed carry,[6] although some of these states still prohibit, or allow schools to prohibit, guns in particular locations on campus.[7] Idaho removed the authority of the governing bodies of colleges or universities to regulate or prohibit gun possession on campus.[8] Tennessee allows nonstudents to carry concealed weapons on campus.[9] In Colorado, the courts found that only the state's General Assembly can regulate firearm possession on any college campus, and according to statute, concealed weapons are allowed on campus; schools may regulate but not ban guns.[10] Similarly, Oregon's Court of Appeals ruled that public colleges and universities may not ban weapons on campus grounds,[11] and Virginia's Attorney General similarly held that licensed individuals may not be prohibited from carrying firearms in open areas of public universities.[12] In contrast, Oklahoma granted schools and universities authority to make their own policies concerning guns on campus.[13] ------------------------------------------------------------------------------------------------------------------------------------------------------------- Originally published March 2, 2018 Notes The law states, "It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone." A Supreme Court decision (United States v. Lopez, 514 U.S. 549) ruled the act to be an unconstitutional attempt to legislate under the Commerce Clause of the U.S. Constitution, so the law was amended in 1995 to restrict application to firearms that have moved via interstate commerce. Return to content⤴ ------------------------------------------------------------------------------------------------------------------------------------------------------------- Alabama, Alaska, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. See Ala. Code 1975 § 13A-11-61.2; Alaska Stat. Ann. § 11.61.220; Ark. Code Ann. § 5-73-122; Calif. Penal Code § 171b; Colo. Rev. Stat. § 18-12-214; Fla. Stat. Ann. § 790.06; Ga. Stat. Ann. § 16-11-127; Ida. Code Ann. § 18-3302C; 430 Ill. CS 66/65; Kan. Stat. Ann. § 21-6309; Ky. Rev. Stat. Ann. § 237.110; La. Stat. Ann. § 1379.3; 17 Me. Rev. Stat. Ann. § 1058; Administrative Order of the Michigan Supreme Court 2001-1; Minn. Stat. Ann. § 609.66; Miss. Ann. Code § 45-9-101; Mo. Stat. Ann. § 571.030; Neb. Rev. Stat. § 69-2441; Nev. Rev. Stat. Ann. § 202.3673; N.H. Rev. Stat. § 159:19; N.M. Stat. Ann. § 29-19-11; N.C. Gen. Stat. Ann. § 14-269.4; N.D. Cent. Code 62.1-02-05; Ohio Rev. Code Ann. § 2923.123; Okla. Stat. Ann. § 1272; Ore. Rev. Stat. Ann. § 166.370; 18 Pa. Cons. Stat. § 91; R.I. Supreme Court Executive Order 2003-6; S.C. Ann. Code § 23-31-215; S.D. Code Laws § 22-14-23; Tenn. Code Ann. § 39-17-1306; Tex. Penal Code § 46.03; Utah Code Ann. § 78A-2-203; 18 Vt. Stat. Ann. § 4016; Va. Code Ann. § 18.2-283.1; Wash. Rev. Code Ann. § 9.41.300; W. Va. Code § 61-7-11a; Wisc. Stat. Ann. § 175.60; Wyo. Stat. § 6-5-209. ------------------------------------------------------------------------------------------------------------------------------------------------------------- Return to content⤴ For example, Colorado's restriction concerns carrying concealed weapons into public buildings guarded by security personnel (Colo. Rev. Stat. § 18-12-214). Wyoming's law applies only to courtrooms (Wyo. Stat. § 6-5-209). Return to content⤴ Illinois and Virginia prohibit concealed carry and open carry (430 Ill. Comp. Stat. 66/65(a)(19); Va. Code Ann. § 18.2-287.01). Nevada and Michigan prohibit concealed carry altogether, while Arkansas and Mississippi have exceptions for enhanced concealed-carry permits (Nev. Rev. Stat. 202.3673.1; Mich. Comp. Laws Ann. 259.80f; Ark. Code Ann. § 5-73-306; Miss. Code Ann. §§ 45-9-101(13), 97-37-7(2)). Georgia also prohibits carrying a firearm in an airport terminal but has an exception for license holders (Ga. Code Ann. § 16-12-127). Return to content⤴ ------------------------------------------------------------------------------------------------------------------------------------------------------------- The regulations on bars and restaurants are a hodgepodge. Some states prohibit both open carry and concealed carry in bars and restaurants, with different restrictions for each. In Washington, for example, the restriction applies to places that are off-limits to people under age 21 (Wash. Rev. Code Ann. § 9.41.300(1)). In Kentucky, the restriction applies only to loaded firearms and does not apply in restaurants that seat 50 or more people and earn at least half their income from food sales (Ky. Rev. Stat. Ann. § 244.125(1)). Other states, such as Mississippi and Missouri, prohibit concealed carry but allow open carry. These laws also have caveats, which, like Kentucky, relate to trying to keep the firearm regulations restricted to alcohol-centric restaurants or areas of restaurants (Miss. Code Ann. § 45-9-101(13); Mo. Rev. Stat. § 571.107.1(7)). Finally, Illinois, Louisiana, and some other states prohibit open carry but allow concealed carry. Like Kentucky and others, Illinois's law does not apply in restaurants that seat at least 50 and earn at least 50 percent of their income from food sales; the law also has a further exception, allowing concealed-carry permit holders to "partially expose" their firearms (720 Ill. Comp. Stat. 5/24-1(a)(8), 430 Ill. Comp. Stat. 66/65(a)(9), 66/10(c)(1)). Louisiana allows concealed carry, not open carry, but only in restaurants with a "Class A" permit (La. Rev. Stat. § 14:95.5). Return to content⤴ ------------------------------------------------------------------------------------------------------------------------------------------------------------- Arkansas, Idaho, Kansas, Louisiana, Mississippi, Texas, Utah, and Wisconsin. See Ark. Code Ann. § 5-73-322; Ida. Code Ann. § 18-3309; Kan. Stat. Ann. § 75-7c20 (concealed weapons shall not be prohibited unless adequate security measures are in place to ensure that no weapons are permitted); La. Rev. Stat. Ann. § 40:1379.3(c); Miss. Ann. Code §§ 97-37-7, 45-9-101 (advanced permit required); Tex. Code § 411.2031; Utah Code Ann. § 53B-3-103; Wisc. Stat. Ann. § 943.13. ------------------------------------------------------------------------------------------------------------------------------------------------------------ Return to content⤴ For example, Idaho and Texas. Return to content⤴ Ida. Code Ann. § 18-3309. Return to content⤴ Tenn. Code Ann. § 39-17-1309. Return to content⤴ Regents of the Univ. of Colorado v. Students of Concealed Carry on Campus, LLC, 271 P.3d 496 (Colo. 2012); Colo. Rev. Stat. Ann. § 18-12-201 et seq. Return to content⤴ Ore. Firearms Educ. Found. v. Bd. of Higher Educ., 264 P.3d 160 (Ore. Ct. App. 2011). Return to content⤴ Op. Atty. Gen. Va. 05-078 (January 4, 2006). Return to content⤴ Okla. Stat. Ann. Tit. 21, § 1277. Return to content⤴ References Code of Federal Regulations, Title 38, Section 1.218, Security and Law Enforcement at VA Facilities. Code of Federal Regulations, Title 39, Section 232.1, Conduct on Postal Property. Crime Prevention Research Center, “Updated: Mass Public Shootings Keep Occurring in Gun-Free Zones: 94% of Attacks Since 1950,” June 15, 2018a. Everytown for Gun Safety Support Fund, “Mass Shootings in the United States: 2009–2016,” April 11, 2017b. Giffords Law Center to Prevent Gun Violence, “Guns in Schools,” webpage, undated-d. As of October 18, 2017: http://lawcenter.giffords.org/gun-laws/policy-areas/guns-in-public/guns-in-schools/ ------------------------------------------------------------------------------------------------------------------------------------------------------------- Giffords Law Center to Prevent Gun Violence, "Location Restrictions," webpage, undated-i. As of January 27, 2020: https://lawcenter.giffords.org/gun-laws/policy-areas/guns-in-public/location-restrictions United States Code, Title 18, Section 922, Unlawful Acts. United States Code, Title 18, Section 930, Possession of Firearms and Dangerous Weapons in Federal Facilities. United States Code, Title 20, Section 7961, Gun-Free Schools Act. United States v. Lopez, 514 U.S. 549, 1995. Willinger, Andrew, “New York’s Response to Bruen: The Outer Limits of the ‘Sensitive Places’ Doctrine,” Duke Center for Firearms Law, blog, July 13, 2022. As of August 23, 2022: https://firearmslaw.duke.edu/2022/07/new-yorks-response-to-bruen-the-outer-limits-of-the-sensitive-places-doctrine/ https://www.rand.org/research/gun-policy/analysis/gun-free-zones.html