Where does "school" end?

[GIJEW]

I thought the 1000' law was overturned back during "sleazy willies" administration. First a federal court in Louisiana overturned it, saying that it was too broad & over-reaching, the Clinton admin appealed, and the the SCOTUS said that congress couldn't use the commerce clause to make up crap like that.
Of course, I'm not a lawyer. Anyone have a source handy for what the law is?

 

[finity]

I thought the 1000' law was overturned back during "sleazy willies" administration. First a federal court in Louisiana overturned it, saying that it was too broad & over-reaching, the Clinton admin appealed, and the the SCOTUS said that congress couldn't use the commerce clause to make up crap like that.
Of course, I'm not a lawyer. Anyone have a source handy for what the law is?

US Code Title 18 Section 922

18 USC Sec. 922 01/05/2009
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(q)(1) The Congress finds and declares that -
(A) crime, particularly crime involving drugs and guns, is a
pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate
movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce
and have been found in increasing numbers in and around schools,
as documented in numerous hearings in both the Committee on the
Judiciary (!3) the House of Representatives and the Committee on
the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which
they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary
citizens and foreign visitors may fear to travel to or through
certain parts of the country due to concern about violent crime
and gun violence, and parents may decline to send their children
to school for the same reason;
(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse
impact on interstate commerce and the foreign commerce of the
United States;
(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves - even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or inability
of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
schools by enactment of this subsection.
(2)(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 zone.
(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 authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard for
the safety of another, to discharge or attempt to discharge a
firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm
-
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school
zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered
into between a school in a school zone and the individual or an
employer of the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.
(4) Nothing in this subsection shall be construed as preempting
or preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.
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.

 

[Timjoebillybob]

I thought the 1000' law was overturned back during "sleazy willies" administration. First a federal court in Louisiana overturned it, saying that it was too broad & over-reaching, the Clinton admin appealed, and the the SCOTUS said that congress couldn't use the commerce clause to make up crap like that.
Of course, I'm not a lawyer. Anyone have a source handy for what the law is?

US Code Title 18 Section 922

18 USC Sec. 922 01/05/2009

Finity, do you know if they passed a replacement law, or if they just have never taken it off the books? GIJEW is correct that the USSC did shoot it down in 1995

United States v. Lopez

 

[finity]

Finity, do you know if they passed a replacement law, or if they just have never taken it off the books? GIJEW is correct that the USSC did shoot it down in 1995

United States v. Lopez

It was rewritten & passed & so far has withstood any challenges. I think the phrase "has moved in interstate commerce" was added & that made it OK to the SCOTUS.