Facts of the Case: On March 10, 1992 a high school senior in San Antonio, Texas was caught inside the school while carrying a concealed .38 caliber revolver and five cartridges with the alleged intent of delivering the gun to someone else in exchange for $40. Alfonso Lopez, Jr. was charged with violating the federal Gun-Free School Zones Act of 1990. The respondent attempted to dismiss his indictment on the grounds that it was outside of the power of congress, however, his motion was denied and he was sentenced to six months of imprisonment. Upon appeal, the respondent claimed that Congress had exceeded their power to legislate under the Commerce Clause.
The Vote: In this case, the vote was a 5-4 decision in favor of the Act being unconstitutional; Stevens, Ginsburg, Souter, and Breyer voted no, with …show more content…
ch. 44 § 922 et seq.) in relation to commerce, as given the right by Gibbons v. Ogden.
The Legal Questions: Is the 1990 Gun-Free School 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?
The Opinion of the Court: The possession of a gun in a school zone is not an economic activity that would affect interstate commerce, therefore, the Act is unconstitutional. The possession of a gun in a local school zone is not an economic activity that might have a substantial effect on interstate commerce. The Act contains no elements that would ensure that the firearms possession in question is related to interstate commerce. The respondent was a local student at a local school; there is no indication that he had recently moved in interstate commerce, and there is no requirement that his possession of the firearm have any concrete tie to interstate