The Gun-Free School Zones Act of 1990 A gun-free school zone disallows any person to carry a gun within a prescribed area of schools. This set zone helps protect schools from any violence or crimes caused by gun-crazed individuals. The rationale behind the establishment of the gun-free school zone is the eminent danger that guns, carried by gang members and students, pose to the school’s population. The National Centers for Disease Control and Prevention says that there are more or less total 135,000 guns carried to schools every day. Likewise, the Office of Juvenile Justice Delinquency Prevention says that around 20% of people apprehended while in the possession of guns were juvenile. Section 1702 of the Crime Control Act of 990 includes the Gun-Free School Zones Act of 1990. The act was signed in November 1990 by then President George H.W. Bush. The Gun-Free School Zone Act of 1990 prohibits the custody and use of a firearm within a school zone. This gun law was approved by Congress in 1990 because of increasing public fear on violence, specifically violence brought about by guns in the country’s schools. Congressional power to enact such a law was brought about by the Commerce Law. Congress believed that carrying guns within a gun-free school zone could cause crimes which would have a direct effect on the economy. This act was however declared unconstitutional by the Supreme Court and was voided. The Supreme Court declared the Gun-Free School Zones Act of 2009 unconstitutional by virtue of the provisions of the Commerce Clause of the United States Constitution as cited in the case of United States vs. Lopez. The Commerce Clause controls things that could affect the economy. The government contended that guns in schools could cause a violent crime and would have a direct effect on the economy and commerce. The Supreme Court did not accept this claim because if it did, it would give Congress the power to control everything that could affect the economy. The powers of Congress are mandated in the Constitution. These powers are based on constitution’s right to enact laws which are essential and appropriate. The Supreme Court in declaring the Gun-Free School Zones Act of 1990 unconstitutional surmised that Congress did not use the power to enact laws in the best interest of the majority. The Supreme Court cited several reasons why disallowing the possession of guns within school zones was unconstitutional. Gun laws pertaining to the carrying of guns do not in any way have a direct effect on the economy. The US Congress revised the Gun Free School Zones Act of 1990 and it became known as the Gun-Free School Zones Amendments Act of 1995 which was signed into law by Present Bill Clinton. Observers however noted that the Amended Act is exactly the same as the originally Act with a cosmetic make-over. The amended Act now includes the requirements that the possession of guns within a gun-free school zone should be proven to affect interstate or foreign commerce. So far this amended gun laws has not yet been contested in any court of law and therefore remains constitutional.
|
||
