United States v. Lopez
- Decided
- April 26, 1995
- Docket
- 93-1260
- Status
- Published
- Jurisdiction
- Federal
Cited 3,052 timesNo negative treatment found in this library
What later courts said
- holding that 18 U.S.C. § 922(q), which prohibited possession of a firearm in a school zone, was beyond Congress’ commerce power — United States v. Edward Trzaska (1997)
- holding that Congress exceeded its commerce clause authority when it enacted the Gun-Free School Zone Act and concluding that the conviction must be vacated. — United States v. Cardales-Luna (2011)
- holding that Congress exceeded its authority under the Commerce Clause by enacting the Gun-Free School Zones Act — Silveira v. Lockyer (2003)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*551] 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).[1]
Statutes cited
Cite this
United States v. Lopez, 514 U.S. 549 (1995)Read the full opinion
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