Rep Tomas Massie (R-KY) Re-Introduces Repeal of Gun Free School Zones Act

Representative Thomas Massie of Florida

 

On August 29, 2025, Representative Thomas Massie, Republican from Kentucky, re-introduced the "Safe Students Act". The Safe Students Act, (H.R. 5066) repeals the Gun Free School Zone Act of 1990. From H.R. 5066:

(3) The Gun-Free School Zones Act of 1990 (18 U.S.C. 921 note, 922 note; section 1702 of Public Law 101-647; 104 Stat. 4844-4845) is repealed.

Thomas Massie has issued a press release to notify people about the re-introduction of the bill. From the press release:

The "Safe Students Act" (H.R. 5066) repeals the "Gun-Free School Zones Act of 1990," (GFSZA) eliminating GFSZA's one-size-fits-all federal ban on guns in school zones. Enactment of the "Safe Students Act" would make it easier for state and local governments and school boards to unambiguously set their own firearms policies. 

"Gun-free zones are ineffective and make our schools less safe. Since 1950, 94 percent of mass public shootings have occurred in places where citizens are banned from having guns," Rep. Thomas Massie said. "Banks, churches, sports stadiums, and many of my colleagues in Congress are protected with firearms. Yet children inside the classroom are too frequently left vulnerable."

It is nice to see John Lott's work on where mass public murder takes place being referenced by Representative Massie. The Safe Students Act was first introduced in 2007 by Representative Ron Paul. Massie recognizes Ron Paul's effort:

 This bill, originally introduced by Representative Ron Paul (R-TX) in 2007, repeals GFSZA, a law that makes it "unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone." In 1995, the Supreme Court held the GFSZA unconstitutional, which prompted Congress to amend the bill in 1996. The Supreme Court has not ruled on the constitutionality of the amended act. 

There are ten original co-sponsors of the bill at re-introduction.

 Original cosponsors of the "Safe Students Act" include: Rep. Lauren Boebert (R-CO), Rep. Eric Burlison (R-MO), Rep. Andrew Clyde (R-GA), Rep. Eli Crane (R-AZ), Rep. Warren Davidson (R-OH), Rep. Paul Gosar (R-AZ), Rep. Marjorie Taylor Greene (R-GA), Rep. Mary Miller (R-IL), Rep. Scott Perry (R-PA), and Rep. Chip Roy (R-TX).

The Gun Free School Zone Act of 1990 was blatantly unconstitutional when enacted. It was held to be unconstitutional in USA v Lopez in 1995. President Clinton and Attorney General Janet Reno strong armed Congress to add 12 words to the act in 1996, as part of the Omnibus appropriations package (section 657). Six of the Appellate Circuits have upheld the act as Constitutional after the 1996 amendment. Three Circuits have held the word change is not sufficient to overcome the Constitutional deficits of the act.

The GFSZ Act of 1990 is being challenged as being facially unconstitutional under the Second Amendment in the Fifth Circuit and the Ninth Circuit. Chances for a circuit split are small but possible.

Analysis: The Trump administration is doing much to restore Second Amendment rights. There doesn't appear to be much support for this repeal of the GFSZ act in the Congress. The very small Republican majorities mean this bill could not overcome a filibuster in the Senate. It is more likely the GFSZ act will be ruled unconstitutional again, in court, than this bill will be passed in this Congress. If President Trump and the Trumpian party (Republican party, as overseen by President Trump) win larger majorities in the mid term elections, the legislative repeal of the GFSZ act becomes much more likely.

 

©2025 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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