What is gun at school charges

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal firearms cases across the country. We’ve represented clients in high-profile cases – like the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct matter, and the Alec Baldwin stalking prosecution. If you’re here reading about gun charges near schools, you’re likely facing serious federal exposure under 18 USC 922(q), the Gun-Free School Zones Act. This law creates a 1,000-foot bubble around every school in America where possessing a firearm can land you in federal prison for five years. Federal prosecutors use this statute aggressively, often stacking it on top of other charges to increase pressure during plea negotiations.

The Gun-Free School Zones Act makes it a federal crime to knowingly possess a firearm “in a place that the individual knows, or has reasonable cause to believe, is a school zone.” That zone isn’t just the school building or even the school property – it extends 1,000 feet in every direction from the school grounds. In urban areas, that means multiple overlapping school zones covering entire neighborhoods. You could be sitting in your car three blocks from an elementary school and technically be in violation of federal law if you have a gun. The statute covers public schools, private schools, and parochial schools. It doesn’t matter if school is in session or if it’s summer break.

What counts as possession? If the firearm is in your vehicle, that’s possession. If it’s in your backpack, your jacket pocket, your waistband – all possession. The gun doesn’t need to be loaded. You don’t need to display it or threaten anyone with it. Simply having it within the school zone is enough. The government must prove that the firearm “has moved in or otherwise affects interstate or foreign commerce,” but that’s an easy hurdle – virtually every gun manufactured in the last century meets this requirement because components or materials crossed state lines at some point.

The penalty for violating 922(q) is imprisonment for up to five years, a fine, or both. What makes this particularly harsh is that any prison sentence imposed under this section “shall not run concurrently with any other term of imprisonment imposed under any other provision of law.” That means if you’re convicted of another firearms offense – say, felon in possession under 922(g) – and also convicted under 922(q), those sentences stack. You serve them back-to-back, not at the same time. This consecutive sentencing requirement turns what might be a five-year case into a ten-year case real fast.

There’s something strange about how this statute is classified. For sentencing purposes, a violation of 922(q) is “deemed to be a misdemeanor.” But don’t let that fool you – this isn’t like a state misdemeanor where you might get probation or a few months in county jail. You’re still facing up to five years in federal prison. The “misdemeanor” label is a legal fiction created to address constitutional concerns about federal overreach. It doesn’t reduce the actual consequences you’re facing.

The statute includes exceptions, and understanding them is critical if you’ve been charged. First, the prohibition doesn’t apply to firearms possessed on private property that’s not part of the school grounds. If you’re in your own home and it happens to be within 1,000 feet of a school, you can possess firearms there. Second, the law doesn’t apply if you’re licensed by the state to carry the firearm and you’re carrying it in accordance with state law. If you have a valid concealed carry permit and you’re complying with all state requirements, you’re generally not violating 922(q) even if you enter a school zone. Third, the statute allows for possession of an unloaded firearm in a locked container.

Law enforcement officers are exempt. The statute also allows possession for school-approved programs – think of a high school shooting sports team or ROTC program. There’s an exception for unloaded firearms being transported for lawful hunting or sporting purposes, as long as you’re just passing through the school zone. But these exceptions are strictly construed by federal prosecutors and courts. The burden is on you to prove that an exception applies.

Prosecutors typically don’t charge 922(q) in isolation. Someone gets arrested for felon in possession, and when officers discover the arrest happened within 1,000 feet of a school, they add the 922(q) count. Someone gets caught trafficking guns, and one of the transactions occurred in a school zone – that becomes an additional charge. The Department of Justice has made gun prosecutions a priority in 2025, and that enforcement focus extends to school zone violations, especially in cases involving repeat offenders or loaded weapons near school hours.

As recently as June 2025, the Fifth Circuit Court of Appeals rejected a Second Amendment challenge to the Gun-Free School Zones Act, holding that the government has a compelling interest in keeping guns away from schools and that the 1,000-foot buffer zone is reasonable. Defendants have repeatedly tried to argue this law violates constitutional rights – those challenges keep failing.

What should you do if you’re facing a 922(q) charge? Don’t talk to federal agents without a lawyer. Anything you say will be used to establish the “knowingly” element – that you knew or should have known you were in a school zone. Federal investigators are skilled at getting people to admit facts that seem harmless but actually strengthen the government’s case. Don’t assume that because you had a legitimate reason for being in the area, the charge will disappear. Federal prosecutors rarely back down once they’ve invested resources in an investigation.

Possible defenses depend on the specific facts. If you fall within one of the statutory exceptions – licensed carry, private property, locked container transport – that’s a complete defense, but you need documentation to support it. If there are Fourth Amendment issues with how the gun was discovered, that might lead to suppression of evidence. In some cases, there may be challenges to whether the location actually qualifies as a school zone under the statute’s definition, particularly if there’s a dispute about measuring the 1,000-foot distance.

At Spodek Law Group, we’ve handled federal firearms cases in jurisdictions across the country – cases involving 922(g) felon in possession charges, 924(c) gun-during-drug-crime charges, NFA weapons violations, and Gun-Free School Zones Act prosecutions. We know how federal prosecutors build these cases, what evidence they rely on, and where the vulnerabilities are. Many of the cases we’re famous for handling – are cases that others say were unwinnable. We’ve secured outcomes that seemed impossible because we don’t just accept the government’s version of events.

Federal firearms charges aren’t something you handle on your own or with a lawyer who doesn’t regularly practice in federal court. A conviction under 922(q) carries a five-year maximum sentence that must run consecutive to any other sentence, and it creates a permanent federal record that affects your ability to possess firearms, your employment prospects, and your liberty. You need someone who understands the federal system – the judges, the prosecutors, the probation officers who write presentence reports, and the mechanics of sentencing advocacy.

If you’re reading this because you’ve been charged under the Gun-Free School Zones Act, or because federal agents are investigating you, reach out to us. We’re available 24/7, and we handle cases nationwide. The worst thing you can do is wait and hope this resolves itself. Federal prosecutions don’t disappear – they build momentum, and the earlier you have experienced counsel involved, the better your chances of achieving a favorable outcome. Contact Spodek Law Group, and let’s talk about how we can help you fight this charge.