In 1990 Congress passed the Gun-Free School Zone Act that made it unlawful to possess a firearm

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In 1990 Congress passed the Gun-Free School Zone Act that made it unlawful to possess a firearm in a school zone. A highschool senior carried a concealed and loaded handgun into his high school and was arrested and charged with firearm possession on school premises in violation of the Act. The student brought a motion to dismiss the indictment arguing that Congress had no power or authority under the commerce clause to regulate guns in school zones because possession of a firearm on school premises had nothing to do with economic activity. The motion to dismiss the indictment was denied by the District Court. The Federal Court of Appeals reversed the decision and allowed the motion. The case was appealed to the U.S. Supreme Court. Did the Gun-Free School Zone Act exceed Congress’s authority under the commerce clause? What categories of commerce may Congress regulate under the commerce clause?

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The Legal And Ethical Environment Of Business

ISBN: 9781454893028

2nd Edition

Authors: Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow

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