It was subsequently declared to be an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution by the United States Supreme Court, and was therefore voided. This case, United States v. Lopez (1995), was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
See also United States v. Morrison (2000), in which the U.S. Supreme Court also ruled that Congress lacked the authority to enact such laws even when there was evidence of aggregate effect.
Congress re-enacted the law in the GFSZ Act of 1995, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding section 3(A) placing the burden on the prosecutor to prove an additional element that the gun, " has moved in or otherwise affects interstate commerce."
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or political subdivision requires that, before an
individual obtains such a license, the law enforcement authorities of the State or political subdivision verify
that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the
individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining
access to public or private lands open to hunting, if the entry on school premises is authorized by school
The term school means a school which provides elementary or secondary education, as determined under State law.
Attack and retreat: the Supreme Court. (ruling on United States v. Lopez and the Gun-Free School Zones Act of 1990)
May 06, 1995; TO DEFENDERS of an expansive role for American government, Newt Gingrich's declaration of war on Washington and the supporting...
Message to the Congress transmitting the "Gun-Free School Zones Amendments Act of 1995." (President Bill Clinton)(Transcript)
May 15, 1995; May 10, 1995 To the Congress of the United States: Today I am transmitting for your immediate consideration and passage the...