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The United States Versus Lopez

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High school senior, Alfonso Lopez of Edison High, concealed a .38 caliber revolver into school on March 10, 1992. Although he did have five cartridges, the gun was not loaded. Lopez told authority that he was to deliver the firearm in exchange for 40 dollars. He was caught by authority because of anonymous tips by fellow classmates. He was confronted and confessed to the crime. He was charged with a possession of a firearm in school premises." Lopez challenged that what was done to him was completely unconstitutional. He thought this was unconstitutional because “it is unconstitutional as it is beyond the power of Congress to legislate control over our public schools" (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/lopez.html). After he was charged, the next day, the charges were dropped after federal agents charged the respondent with a violation of the “Gun-Free School Zones Act of 1990”. The motion was denied because “it is a constitution exercise of congress well-defined power to regulate activities affecting commerce and the business o elementary, middle and high-schools affects interstate commerce” (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/lopez.html). With a 5-4 decision at hand, the Supreme Court confirmed the decision of the court of appeals. The fact was held that although the congress did have a general lawmaking authority under its commerce clause, power was limited and did not extend any further then commerce to authorize any carrying of guns. Lopez proceeded to waive his right to a jury trial so the court conducted a bench trial and found him guilty. He was sentenced to six months of imprisonment along with two full years of supervised release. With The Gun Free Schools Act, Congress made it an offense of federal level “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." http://www.law.cornell.edu/supc

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