Monday, September 10, 2012

United States v. Lopez, 514 U.S. 549, 115 S. Ct. 1624, 131 L. Ed. 2d 626 (1995)



Facts
Defendant was convicted in the U.S.District Court of possessing firearm in school zone in violation of Gun-Free School Zones Act, and he appealed. 
The Fifth Circuit reversed and remanded with directions, and government petitioned for certiorari review. 
The U.S. Supreme Court granted certiorari.

Holding
The U.S. Supreme Court held that Gun-Free School Zones Act, making it federal offense for any individual knowingly to possess firearm at place that individual knows or has reasonable cause to believe is school zone, exceeded Congress' commerce clause authority, since possession of gun in local school zone was not economic activity that substantially affected interstate commerce.
Affirmed.