GUN-FREE SCHOOL ZONES ARE UNCONSTITUTIONAL

by Dave Funk | Apr 2, 2024

GUN-FREE SCHOOL ZONES ARE UNCONSTITUTIONAL

Yes, Gun-Free School Zones Are Unconstitutional! With the help of Mark Smith, on the YouTube channel Four Boxes Diner, I’ll explain why. 

Those anti-gun dangerous quacks would have you believe that under the Heller decision, and later affirmed under the Bruen decision, schools are included in the “sensitive spaces” illustration. Nothing could be further from the truth. Only three sensitive spaces were identified by the Supreme Court:

• polling places
• legislative bodies (the US Capitol Building)
• some courts (generally considered the US Supreme Court)

HISTORICAL FOUNDATION

Importantly, the historical record of 1791 at the adoption of the US Constitution and its Bill of Rights must be considered.  At the time, only a few colleges regulated the possession of arms by students. The reason for that was that many college students were still not of majority age.  That is, they were not over the age of eighteen, able to enter into contracts, vote, or own real property, for example. Mr. Smith points out that Alexander Hamilton entered Kings College in New York City at the age of sixteen! It was very common at the time of our nation’s founding that some college students entered as young as fourteen years of age. 

Those 1791 colleges, and their administrators, were acting in the role of loco parentis, Latin for “in the place of a parent”. No sane person that I know of has ever argued against a parent’s right to control the use of firearms by their children. In their loco parentis role, those administrators could regulate the possession of arms by their students under their care and supervision. But clearly at that time, the very same Americans who fought off the British King and gave us the Bill of Rights -including the Second Amendment – would not have prohibited any adult from bearing arms at, near, or in schools.

PRESENT DAY

More importantly, nearly all college students in the present day are over the age of eighteen when they enter college.  They are, therefore, legal adults.  This prohibits the colleges from regulating their possession of arms! There is no historical evidence that law-abiding adults cannot possess arms in and around schools or school zones, whether they be colleges or your local elementary school.

Mr. Smith goes on to give us a very exhaustive explanation of why that legal issue matters.  You can watch his video about this very subject here. 

TIME FOR ACTION BY THE IOWA SENATE

IFC and our partners at the NRA are still involved in the legislative fight at the Iowa Senate on important legislation involving the Students First Safety Act, and the Gadsden License Plate initiatives. Please go over to the IFC Action Alert page and use it to reach out to your State Senator encouraging him or her to support these bills. 

Personally, I find it repulsive that in the last three years, the Iowa Senate has ignored Iowan’s demands to act on these important issues. They seem to forget that in 2022, 65.17% of Iowa voters (in a bi-partisan vote) supported the Freedom Amendment. Yet the Senate continues to refuse to act to clean up the current Iowa Code to bring it in line with the Bruen decision and the 49th Amendment to the Iowa Constitution. 

Yes, it’s obvious from my arguments at the beginning of this President’s Message that the need for the Student First Safety Act should be moot. However, getting things done legislatively is faster than waiting for the US Supreme Court to rule on something that could take a decade to get done. Frankly, when it comes to our kids, Time and Math proves we can’t wait. 

Help us defend all Iowan’s rights by joining or renewing your IFC membership here today. And please stay Ready at All Times. 

Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.

Dave Funk
President
Iowa Firearms Coalition