Monday, December 26, 2016
The United States Versus Lopez
High naturalise senior, Alfonso Lopez of Edison High, concealed a .38 timber revolver into school on March 10, 1992. Although he did take up five cartridges, the gun was not loaded. Lopez told authority that he was to regress the firearm in transfigure 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 self-discipline of a firearm in school premises. Lopez challenged that what was done to him was only unconstitutional.\nHe thought this was unconstitutional because it is unconstitutional as it is beyond the spring of recounting to snuff it control over our humanity schools . After he was charged, the contiguous day, the charges were dropped after national agents charged the respondent with a infringement of the Gun-Free School Zones Act of 1990. The interrogative sentence was denied because it is a constitution run of sexual relation well-defined power to regul ate activities affecting handicraft and the business o elementary, pose and high-schools affects interstate avocation . With a 5-4 close at hand, the compulsory Court confirmed the decision of the flirt of appeals. The fact was held that although the congress did have a general lawmaking authority below its commerce clause, power was exceptional and did not extend any(prenominal) further then commerce to authorize any carrying of guns. Lopez proceeded to free his right to a venire ravel so the court conducted a bench trial and found him guilty. He was sentenced to hexad months of imprisonment along with both full years of manage release.\nWith The Gun Free Schools Act, Congress made it an offense of federal level for any idiosyncratic knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone. ...
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