United States v. Lopez (1995)

Summary:

Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. Lopez was found guilty under the Gun-Free School Zones Act of 1990 following a bench trial and sentenced to six months' imprisonment and two years' supervised release.

Historical Context:

(1995); Johnnie Cochran quips, "If it doesn't fit, you must acquit." during O.J. Simpsons Murder trial
-> current President: William J. Clinton

Constitutional Issue:

->s the 1990 Gun-Free School Zones Act unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?

Final Ruling and Constitutional Principle:

The 1990 Gun-Free School Zones Act was unconstitutional because the law was a criminal statute which could not interfere with interstate commerce

Majority Opinion (5)
-> written by Justice Rehnquist

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

Dissenting Opinion (4)

Justice Stevens argued that Congress' commerce power enabled it not only to prohibit guns in schools, but to prohibit them anywhere

Guns-Free School Zone Act of 1990

rohibits unauthorized individuals from having a loaded or unsecured firearm within in school zone and non-private property within 1,000 feet of them.