United States v. Lopez

The decision dealt a large blow to Congress' attempts to cut down on school--related violence and improve the safety ratings of America's schools. However, the Violent Crime Control and Law Enforcement Act of 1994 was able to fill in some of the gaps left open by the striking down of the Gun-Free School Zone Act.

Alfonso Lopez, a 12th grade high school student, brought a concealed handgun and five rounds of ammunition into his high school in San Antonio, Texas. His weapon was discovered and he was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after he was charged with violating the Gun-Free School Zones Act of 1990, a federal law which forbids a person to possess a firearm in a place that he or she knows is a school zone. Lopez moved to have the charges dismissed on the grounds that the law was unconstitutional and Congress did not have the power to legislate with respect to public schools. The district court denied this motion and Lopez was found guilty and was sentenced to six months imprisonment, two years of supervised release, and a $50.00 fine.