On March 10, 1992, Alfonso Lopez Jr. brought a .38-caliber handgun and five bullets to Edison High School in San Antonio, TX. He was arrested under Texas law but the next day, state charges were dropped after he was charged by a federal grand jury for violating the Gun- Free School Zones Act of 1990. He was convicted and sentenced to 6 months in prison and 2 years of supervision. Lopez’s lawyer, John R. Carter, a federal public defender, argued that the Gun-Free School Zones Act (GFSZA) is unconstitutional as it did not meet the requirement of the Commerce Clause. The Commerce Clause allows congress to make laws if interstate commerce is affected. In a 5-4 decision, the Supreme Court agreed with Carter and Lopez went free. United States v. Lopez is important because it was the first successful challenge to the Commerce Clause in 50 years and it serves as a precedent to other cases.
As a part of the Crime Control Act of 1990, the GFSZA amends federal criminal code to impose criminal penalties for the possession or firing of a gun in a school zone. Sponsored by Senator Joseph Biden (D-DE), it passed the house by a 313-1 margin and became law on 11/29/90. Violation of the GFSZA is punishable by a minimum of …show more content…
They believed that school violence interferes with public education and has a negative impact on the economy. They argued that to meet the Commerce Clause, the impact on interstate commerce does not need to be direct, only substantial. Education has a substantial impact on commerce. They also cited the cost of insurance associated with violent crime as the expense is passed to everyone. Both sides make strong arguments but by the closest vote possible, the conviction was overturned and Lopez was set free. Congress later revised the Act to include language regarding commerce. The revised act has not been successfully challenged but some have
As a part of the Crime Control Act of 1990, the GFSZA amends federal criminal code to impose criminal penalties for the possession or firing of a gun in a school zone. Sponsored by Senator Joseph Biden (D-DE), it passed the house by a 313-1 margin and became law on 11/29/90. Violation of the GFSZA is punishable by a minimum of …show more content…
They believed that school violence interferes with public education and has a negative impact on the economy. They argued that to meet the Commerce Clause, the impact on interstate commerce does not need to be direct, only substantial. Education has a substantial impact on commerce. They also cited the cost of insurance associated with violent crime as the expense is passed to everyone. Both sides make strong arguments but by the closest vote possible, the conviction was overturned and Lopez was set free. Congress later revised the Act to include language regarding commerce. The revised act has not been successfully challenged but some have