(2014-0164-F) U.S. v. Alfonso Lopez - Collection Finding Aid

The materials in FOIA 2014-0164-F are a selective body of documents responsive to the topic of the FOIA. Researchers should consult the archivist about related materials. Alfonso Lopez was a senior at Edison High School in San Antonio, Texas. On March 10, 1992 he brought a .38 caliber hand gun, together with five bullets to his school. When he was confronted by school officials Lopez told them that he had been paid to deliver the gun to someone who planned to use it in what he described as a “gang war”. Lopez was indicted by a grand jury of violating the Gun-Free School Zones Act of 1990, which forbids “any individual knowingly to possess a firearm within 1000 feet of a school zone,” 18 U.S.C. 922(q). Lopez argued that the Section 922(q) was unconstitutional and moved to dismiss his indictment. The district court denied the motion and Lopez was sentenced to six months in prison followed by two years of supervised release, which he appealed. The Supreme Court struck down the Gun Free School Zones Act as unconstitutional in a 5-4 opinion. The issue in the case was whether the Commerce Clause authorizes Congress to enact a statute that made it a crime to possess a gun in or near a school. The court held that the Act exceeded Congress’s authority to regulate interstate commerce under the Commerce Clause. The core of the Court’s holding is that the Gun Free School Zones Act, which created a federal offense for possession of a firearm within 1,000 feet of a school, regulates an activity that does not have a substantial effect on interstate commerce. The court of appeals therefore rescinded Lopez’s conviction. FOIA 2014-0164-F consists of copies of excerpts from the Supreme Court hearings, copies and excerpts from house and senate bills, publications of the “Law Week” and the “Congressional Monitor”, correspondence, email, memos, reports, statements, news articles, and press releases. The correspondence contains material from the Department of Education regarding state and local responsibilities on gun safety laws, H.R. 3 “Taking Back Our Streets Act of 1995”, teen drug use, and material on other cases sighting the United States v Lopez case. The memos and reports contain analysis, recommendations, and proposals regarding the case and Uniform Crime Reports 1995 Preliminary Report. The statements relate to the Senate Subcommittee on Youth Violence “Guns in Schools: A Federal Rule”, hearings. There are also materials on the Anti-Gang and Youth Violence Control Act of 1996 and charts on Adult and Juvenile Murder Arrest Rates 1980-1995. Email contains weekly reports, press and correspondence concerning amendments to the 1990 Gun-free Zone Act.