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Gun Free School Zone Case Study

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The background of the case began with a high school student, Alfonso Lopez, who carried a concealed weapon into Edison high school in San Antonio, Texas. According to the “United States v. Lopez”, he was charged under Texas law with firearm possession on school premises. However, the state charges that were made against Lopez was terminated and the federal representatives charged Lopez for violating the Gun-Free School Zones Act of 1990. It states in the “United States v. Lopez”, that the act prohibits “any individual knowingly to possess a firearm at a place that [he] knows...is a school zone.” At the end of a bench trial, Lopez was guilty and was sent to six months of imprisonment as well as two years of supervision when he is released from …show more content…

Lopez, there was a five to four decision. There was a question that affected the case, is the Gun-Free School Zones Act illegitimate because it surpasses the Congress’ power under the Commerce Clause? To answer to the previous question, the majority opinion by William H. Rehnquist said “Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.” (Oyez). This information states that Rehnquist is arguing that the law is not related to the Commerce Clause and that the case is related to something local such as the local government or the state government should be handling. However, there is a different opinion about this case, the minority opinion by Stephen Gerald Breyer said the “Congress had a rational basis for finding a substantial connection between gun-related school violence and interstate commerce. Evidence exists that gun-related violence interferes with the quality of education in schools and education is related to economic viability.” (CaseBriefs). This commentary by Breyer states that Congress has a connection with the gun violence case and the Commerce Clause as well as stating that there is indication of gun violence disrupts education, in which education is part of economic

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The court found that possession of a handgun near a school is not an economic activity that had a substantial affect on interstate

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United States v. Lopez concerned weaponry around schools, and interstate commerce regulations. Breyer wanted to regulate the amount of guns near schools. However, the court voted down the Gun Free School Zones

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The issue surrounding this case was mainly about whether or not “The Gun-Free School Act” was unconstitutional. In fact Lopez’s attorneys insisted that Congress was exceeding their power by allowing this act to be passed. Furthermore Lopez pleaded not guilty to his charges and

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In 1995, the Act was invalidated by the Supreme Court Case during the case of “United States v. Lopez”. Essentially, what happened was Alfonso Lopez, Jr., a twelfth grade student of Edison High School of San Antonio, Texas, brought a .38 caliber revolver into school, claiming he was delivering

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1959 Words | 8 Pages

The court summarily dismissed – with a paragraph of case citations – "the objection that the Act usurps police power reserved to the States". According to The U.S. v Miller Case, Revisited the cases cited showed that Congress could impose taxes as it saw fit, if such taxes were meant to raise meaningful amounts of revenue, even if the States had the powers to regulate possession of or commerce in the items in question. Justice McReynolds then dealt with the remaining matter, the scope of the Second Amendment. In a single paragraph the Court narrowly defined the issue. The question turned on the nature of the short-barreled shotgun: "In the absence of any evidence tending to show that possession or use of a ’shotgun

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The Court essentially concluded that in no way that the carrying of handguns is a commercial activity or even related to any sort of economic enterprise, even under the most extravagant situations. Which means majority of the opinion from the government's arguments was rejected because crime negatively impacted education.. The Supreme Court ruled that to let Congress make that a law you would have to make an intrusion which could be used in about everything even if it is nothing to do with commerce. Which would give Congress too much power.

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644 Words | 3 Pages

People will not want to live there because of the fright of being a victim, causing this to be empty job spots and lost of money. Aside from affecting commerce, and safety, it would bring conflict to the education of kids. It will hurt their future education and aside from that, if students are packed with heat, teachers are not going to want to go to school and teach. Teachers will feel threaten and unsafe. However, Lopez won the case because he argued that there is nothing in article 1 that says they can pass laws saying that guns are illegal in schools.

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719 Words | 3 Pages

Justices Breyer, Ginsberg, Souter, and Stevens were those who dissented. I found the dissent opinion written by Breyer to be very interesting. Justice Breyer concluded, “a sounder approach would be a “balancing test” that focuses on “practicalities” (Rose, August 20, 2010, Pg. 1). To me this sounds as if government agents would have the right to determine how practical a citizen’s constitutional rights are and limit those rights by their will. Furthermore, Breyer believe that by taking account of the evidence of gun crime and gun violence relative to location the ban would be constitutional.

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In an attempt to steer the Court back in the right direction after the judicial misstep in Jones & Laughlin, the Court makes the clear distinction that the criminal statute (Gun-Free School Zones Act) in question “has nothing to do with ‘commerce’ or any sort of economic enterprise, however broadly one might define those terms.” Bringing up the central issue with the Jones & Laughlin case, Rehnquist further explains, “the Government admits, under its “costs of crime” reasoning, that Congress could regulate not only all violent crime, regardless of how tenuously they relate to interstate commerce.” In the Jones & Laughlin case, the central problem was the ability to connect anything with interstate commerce, no matter how indirect. The court, in this case, is limiting the scope of that interpretation by clearly demonstrating how criminal matters cannot line up with interstate commerce unless one piles inference upon inference. The Court further explains this issue by saying, “we would have to pile inference upon inference in a manner what would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States.”

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The Fourth Circuit justices, like Bill Clinton with his 1994 “assault weapons” ban, chose to base its decision not on facts, history, or common sense, but on whether the firearms at issue “looked” like military-style firearms. “La La Land” wins

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The court had to decide is the 1990 Gun- Free school zones act unconstitutional on the basis of the act over stepping the power of Congress under the Commerce Clause? In a narrow 5-4 decision the court asserted yes. They decided that the law is a criminal statute that does not have anything to do with “commerce” or the economy. The court stated that the there was no evidence that pointed toward the carrying of hand guns and having an effect on the economy. Also that if Congress could police an incident so far removed from commerce, then it could police therefor regulate anything.

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1938 Words | 8 Pages

If we continue to examine the text further; it only bans Congress from banning a militia. Not from regulating guns. In fact, in 1939, in United States v. Miller, U.S Supreme court held that Congress could ban interstate transportation of sawed-off shot gun.

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The opinion about gun rights and the Second Amendment is consistently reflected in public opinion polls on gun ownership. For example, a Gallup poll conducted in 2008 demonstrated that 73 percent of respondents believed that the wording of the Second Amendment indicates a guarantee of private ownership as well as the formation of state militias (Gallup 2008). Take A Stand: On Gun Control 3.Argument 1 Legal opinion on the gun control issue seems divided, with both sides claiming victory. In some instances, both pro- and anti-gun advocates claim victory in the very same case. The case of United States v. Miller (1930), for example, is cited by the Brady Campaign (2007) as evidence of the courts’ interpretation in favor of gun possession by militia members only, whereas the same case is cited by the NRA (Tahmassebi 2000) as evidence of support for the constitutional guarantee of individual ownership.

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1306 Words | 6 Pages

“When the most innocent, elementary school children, are the victims it feels even more tragic” (Koone, 2014, p. 165). During the year 1994 an act was passed. The act was known as the Gun free school act. This act imposed that a federal requirement for one year; stating expulsion from school.

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809 Words | 4 Pages

Guns have no role in our country schools. Schools and colleges are places of education. Students should be free to learn in an environment away from every day violence. The catastrophes that took place at Sandy Hook Elementary School, Columbine High School, and Virginia Tech. confirm the penetrating conclusion guns have in our nation’s schools. Violence on campus has Students, Parent, and University Staff all concerned and looking for preventative measures.

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