Constitutionality of Gun-Free School (Zones) Acts (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
May 17, 2024, 01:21:03 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Constitutionality of Gun-Free School (Zones) Acts (search mode)
Pages: [1]
Author Topic: Constitutionality of Gun-Free School (Zones) Acts  (Read 681 times)
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,833
United States


Political Matrix
E: 5.45, S: -3.35

« on: June 01, 2019, 02:06:46 PM »

The concerning aspect of the GFSZA is less the impact on the 2nd amendment and more the attempt to shoehorn it in federally under the commerce clause.
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,833
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #1 on: June 01, 2019, 03:50:09 PM »

The concerning aspect of the GFSZA is less the impact on the 2nd amendment and more the attempt to shoehorn it in federally under the commerce clause.

Which is why the Supreme Court held in Lopez that the act was an unconstitutional exercise of congressional authority under the Commerce Clause, & why the act was subsequently amended to specifically only apply to guns that had been moved via interstate commerce.

I doubt that's still good enough if it ever gets to SCOTUS again.
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,833
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #2 on: June 01, 2019, 11:19:23 PM »

The concerning aspect of the GFSZA is less the impact on the 2nd amendment and more the attempt to shoehorn it in federally under the commerce clause.

Which is why the Supreme Court held in Lopez that the act was an unconstitutional exercise of congressional authority under the Commerce Clause, & why the act was subsequently amended to specifically only apply to guns that had been moved via interstate commerce.

I doubt that's still good enough if it ever gets to SCOTUS again.

Well actually, the revised act has already been challenged again in the courts, & has since been reviewed & upheld by several federal circuit courts. Indeed, in one such appellate case, United States v. Dorsey, it was those minor changes of the revised law that were specifically challenged, & the 9th Circuit ruled that said minor changes were indeed sufficient to correct the issues that had caused the original 1990 law to be struck down in Lopez.

With the current court a 9th circuit ruling isn't definitive. A few years ago they struck down the 75 year old raisin reserve.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.024 seconds with 10 queries.