NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to jail for firearm in school zone
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling complex federal firearms cases. We’re the firm that represented Anna Delvey in the Netflix series, handled the Ghislaine Maxwell juror misconduct case, and defended clients in the Alec Baldwin stalking matter. If you’re reading this, you’re probably facing serious federal gun charges – and you need answers about what happens next.
The Gun-Free School Zones Act is one of those federal laws that catches people completely off guard. You can absolutely go to prison for having a firearm in a school zone – up to five years in federal prison, with fines reaching $250,000. This isn’t a slap on the wrist. Federal prosecutors take these cases seriously, and the consequences extend far beyond just prison time.
What makes this law particularly dangerous is how broad it is. A school zone isn’t just the school building – it’s anywhere within 1,000 feet of school grounds. That’s more than three football fields in every direction from any public, private, or parochial elementary or high school. In urban areas, you could be violating federal law just driving through certain neighborhoods with a gun in your car, even if you have no idea a school is nearby.
The Federal Statute and Maximum Penalties
18 U.S.C. § 922(q) – that’s the Gun-Free School Zones Act – makes it a federal crime to knowingly possess a firearm at a place you know, or have reasonable cause to believe, is a school zone. The maximum penalty is imprisonment for up to five years and a fine up to $250,000.
Federal prosecutors don’t need to prove you intended to harm anyone. They don’t need to prove the gun was loaded. They need to prove you knowingly possessed a firearm in a school zone, and that the firearm moved in or affected interstate commerce – which covers basically every firearm manufactured outside your home state.
In September 2025, Anibal Hernandez Santana was charged federally after firing shots at a Sacramento TV station that happened to be within a school zone. He’s facing the full five years. In another recent federal case, United States v. Allam, the defendant received the maximum – 60 months in federal prison.
When federal agents want to add charges, the school zone violation is an easy add-on because the zones cover so much territory. These aren’t isolated prosecutions.
What Actually Counts as a School Zone
The statute defines a school zone as the property of an elementary or secondary school, or within 1,000 feet of the grounds of such a school. Public schools, private schools, parochial schools – all count. Colleges don’t, though many states have their own laws covering universities.
In June 2025, the Fifth Circuit Court of Appeals upheld the constitutionality of this buffer zone in a Second Amendment challenge. You could be at a gas station, a restaurant, your own car on a public street – if you’re within 1,000 feet of school property, you’re in a school zone under federal law.
There’s no signs marking the boundaries. Federal law doesn’t require any notice. You’re expected to know you’re near a school. Federal courts have found this sufficient even when defendants had no actual knowledge of a nearby school.
In dense urban areas like New York City, school zones overlap so extensively that it’s nearly impossible to travel more than a few blocks without entering one.
The State Permit Exception That Doesn’t Work How You Think
The Gun-Free School Zones Act does have an exception for individuals licensed by the state – but there’s a catch. The exception only applies if you’re “licensed to do so by the State in which the school zone is located or a political subdivision of the State.”
Your concealed carry permit only protects you from federal prosecution in school zones within the state that issued your permit. Even if you’re traveling to a state that has reciprocity with your home state – the federal school zone law doesn’t recognize out-of-state permits. You’re violating federal law the moment you enter a school zone in that reciprocity state while carrying.
Your permit might be perfectly valid under state law, but federal law treats you as unlicensed the moment you enter a school zone outside your home state.
Constitutional carry states create another problem. In 2025, a Montana federal district judge ruled in United States v. Metcalf that permitless carry doesn’t satisfy the federal license requirement. If you live in a permitless carry state, you may have no way to legally carry in a school zone under federal law – even in your home state – because the state hasn’t issued you an actual license.
The Consequences Beyond Just Prison Time
Five years in federal prison is bad enough – but that’s not where the consequences end. If you’re convicted of a school zone violation while also being convicted of another federal offense in the same proceeding, the sentences must run consecutively. Federal law specifically prohibits concurrent sentences for Gun-Free School Zones Act violations combined with other offenses.
If you’re facing drug trafficking charges and the government adds a school zone firearm charge, those sentences stack. Federal prisoners must serve a minimum of 85% of their sentence – there’s no parole in the federal system.
A conviction under 18 U.S.C. § 922(q) makes you a prohibited person – permanently banned from possessing firearms unless you receive a presidential pardon. Even after you complete your sentence, you lose your Second Amendment rights for life.
One conviction – even if you had a valid permit, even if you didn’t know you were near a school – can end your ability to own firearms permanently. A federal felony conviction creates barriers to professional licenses, government employment, and private sector jobs. Immigration consequences for non-citizens can include deportation.
At Spodek Law Group, we’ve defended clients facing school zone charges – and many, many of them had no idea they were violating federal law when arrested. These cases often arise during traffic stops or when federal agents execute search warrants. The school zone charge gets added because agents check the location and realize it falls within 1,000 feet of a school.
Defense strategy depends on the specific facts. Was there actual knowledge of the school zone? Does the state permit exception apply? Was the firearm unloaded and locked while passing through? Federal law provides an exception if the firearm is unloaded and locked in a container while you’re passing through – but only while passing through, not while stopped.
We’ve had success challenging knowledge requirements, proving clients qualified for exceptions they didn’t realize applied, and negotiating dismissals when the evidence had weaknesses. Federal prosecutors have vast resources, and judges take gun charges seriously – especially those involving schools.
If you’re facing a Gun-Free School Zones Act charge, talking to an experienced federal criminal defense attorney immediately is essential. These cases move quickly in the federal system. Legal defenses must be asserted before it’s too late.
We handle federal firearms cases nationwide through our completely digital portal system. Todd Spodek has decades of experience defending complex federal charges, and our team includes former federal prosecutors who understand exactly how the government builds these cases. The Gun-Free School Zones Act is broader than most people realize until they’re already facing charges. Get answers now.