Lopez, a 12th grader, brought a .38 caliber gun to school. After being caught and arrested, he was charged under state law. However, the state dropped their charges because federal government wanted to charge him under Gun Free School Zones Act of 1990.
Issue:
Was the federal government unconstitutional when it made guns illegal in school zones? Was the government exceeding the powers granted to it under the Commerce Clause?
Ruling:
5-4 decision favoring Congress’ not having authority to declare gun possession illegal in school zones. This was because the carrying of handguns did not affect the economy. The differing side claimed that gun possession did affect economy because it would lead to violent crimes therefore education quality therefore
Issue:
Was the federal government unconstitutional when it made guns illegal in school zones? Was the government exceeding the powers granted to it under the Commerce Clause?
Ruling:
5-4 decision favoring Congress’ not having authority to declare gun possession illegal in school zones. This was because the carrying of handguns did not affect the economy. The differing side claimed that gun possession did affect economy because it would lead to violent crimes therefore education quality therefore