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Alyssa King

Legal Brief #2 United States vs. Lopez (1994)


Citation:
- JUSTIA US Supreme Court. Retrieved March 25, 2017, from
https://supreme.justia.com/cases/federal/us/514/549/case.html/.
Facts:
- Alfonzo Lopez, a high school senior, carried a concealed weapon into his San Antonio,
Texas high school. He was charged under Texas law with firearm possession on school
grounds. The next day, the state charges were dismissed after federal agents charged
Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990.
The act forbids any individual knowingly to possess a firearm at a place that [he]
knowsis a school zone. Lopez was found guilty under a bench trial and sentenced to
six months in prison and two years on supervised release.
Issues:
- In short, the core issue of this case stems from the federal governments claim that it had
the authority to ban guns in schools under The Commerce Clause of the Constitution.
- Is the 1990 Gun-free Zones Act, forbidding individuals from knowingly carrying a gun in
a school zone, unconstitutional because it exceeds the power of Congress to legislate
under the Commerce Clause?
- Does the commerce power of Congress extend to activities that have no apparent
connection to interstate commerce?
Ruling:
- Alfonso Lopez was convicted in a federal district court for knowingly possessing a
concealed firearm at his high school.
- However, the Fifth Circuit Court of Appeals reversed the decision, ruling that the law was
beyond the reach of Congress's power under the Commerce Clause.
- The government appealed to the Supreme Court, which reviewed the case in 1994. In a 5-
4 decision, the Supreme Court decided that possession of a gun in a school zone is not an
economic activity that affects interstate commerce. Therefore, the federal government
cannot base a law prohibiting gun possession near schools on the Commerce Clause.
Rationale:
- The Supreme Court ruled that the Gun-Free School Zones Act was unconstitutional and
overturned Lopez's conviction. The Court ruled that the act exceeded the limited powers
of Congress under the Constitution, rejecting the government's argument that the act was
constitutional. The government claimed that gun violence in schools leads to more
dangerous and thus less commercially healthy neighborhoods and less economically
productive kids. The Court responded that regulating guns in local schools is not
sufficiently related to Congress's Commerce Clause. The Court maintained that Congress
could constitutionally regulate three things under the Commerce Clause: instrumentalities
of commerce, the use or channels of commerce, and activities that substantially affect
interstate commerce.
Conclusion:

- Following the ruling in United States vs. Lopez, Congress re-enacted the Gun-Free
School Zones Act in 1996, correcting the statutes defects as it violated the Commerce
Clause. The original Gun-Free School Zones Act contained the same prohibitions as the
Alyssa King
Legal Brief #2 United States vs. Lopez (1994)
1996 revision, except the newer version added language to apply the law to any firearm
that has moved in or that otherwise affects interstate or foreign commerce.

- As an educator, it is important to know and understand the laws surrounding guns in


schools. Our goal is to not only teach our students, but to also protect the safety of our
students.

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