United States v. Alfonso Lopez, JR. (514 U.S. 549)
U.S. Supreme Court · decided April 26, 1995 · Supreme Court Database (Spaeth)
- Citation
- 514 U.S. 549 · 115 S. Ct. 1624
- Decided
- April 26, 1995
- Term
- October Term 1994
- Vote
- 5–4
- Majority author
- Justice Rehnquist
- Issue area
- Federalism
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. In the Gun-Free School Zones Act of 1990, Congress made it a federal offense “for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.” 18 U. S. C. § 922(q)(1)(A) (1988 ed., Supp. V). The Act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. We hold that the Act exceeds the authority of Congress “[t]o regulate Commerce . . . among the several States . . . .” U. S. Const., Art. I, §8, cl. 3. On March 10,1992, respondent, who was then a 12th~grade student, arrived at Edison High School in San Antonio, Texas, carrying a concealed .38-caliber handgun and five bullets. Acting upon an anonymous tip, school authorities confronted respondent, who admitted that he was carrying the weapon. He was arrested and charged under Texas law with firearm possession on school premises. See Tex. Penal Code Ann. § 46.03(a)(1) (Supp. 1994). The next day, the state charges were dismissed after federal agents charged respondent by complaint with violating the Gun-Free School Zones Act of 1990. 18 U. S. C. § 922(q)(1)(A) (1988 ed., Supp. V). A federal grand jury indicted respondent on one count of knowing possession of a firearm at a school zone, in violation of § 922(q).…
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