Posted on 01/25/2013 9:25:12 AM PST by BerserkPatriot
Rep. Steve Stockman (R-TX) has introduced a bill to repeal the "Gun-Free School Zones Act" of 1990 (updated in 1995) on the grounds that mass shootings at schools have increased five-fold since its passage.
The "Safe Schools Act of 2013" (H.R.35), co-sponsored by Rep Broun, Paul C. [GA-10] notes that the 1990 "gun-free" law has made schools unsafe because "shooters now know that they can victimize American school campuses with no fear that victims will be armed."
Stockman's bill notes that there have been 10 school shootings killing at least four people each in the 22 years since the "gun-free" bill passed - compared to only two in the 22 years before passage.
What's more, "Horrific massacres on school campuses in Pearl, Mississippi, and southwestern Virginia, were averted by armed staff and students," it says.
Given that "the 'Gun Free School Zones Act' has been a deadly failure," H.R.35 says it will "restore safety to America's schools by allowing staff, teachers, and administrators to defend the children and themselves."
How about on the grounds that it’s an unconstitutional extension of the Commerce Clause?
Yes – I believe they had a ruling on that once.
Of course, that lack of authority on the government’s part also extends to their attempts at controlling people’s personal property i.e. Universals Gun Registration.
United States v. Lopez, 514 U.S. 549 (1995) invalidated the Gun Free School Zones Act as an impermissible exercise of the commerce clause power. In it's opinion, the Supreme Court instructed Congress how to draft a Gun Free School Zones Act that would survive judicial scrutiny, and be a permissible use of the commerce clause power.
All Congress had to do was add the phrase "or affects", preceding "interstate commerce."
Scalia is a big fan of this extension of federal power. He used it to uphold federal prohibition on pot in the Raich case. It was also used to reverse a gun case (not school zone), after the 9th Circuit found that a homemade gun, that never left the state, isn't an object of interstate commerce.
LOL
Oh, the irony!
For example, in Michigan, a CPL holder cannot carry concealed in a school zone, but can openly carry. Same applies to other Gun Free zones such as sports arenas and bars. Technically CPL holders cannot carry concealed, but can open carry. If you aren't a CPL holder, you cannot carry at all.
This Gun Free School Zone issue needs to be addressed at the state level.
So the government requires by law that you send your children to a facility where they are not protected. Would our children be safer without this government ?
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Nice move on his part but it is doomed to failure. The Congress could care less considering they allow this new light bulb we must now use even though is is very dangerous.
Thank you kindly!
I would agree, though, that Scalia completely reversed his position with Raich, and told the 9th circuit to use Raich to reverse the decision on the homemade gun ruling that was based on Lopez.
I think that the 9th Circuit deliberately made the gun ruling to try to provoke a reaction from the Supreme Court, and they succeeded very well.
So your opinion is that it is acceptable for the Federal government to say that unless you have a license from the State, you are not allowed to possess a firearm within a thousand feet of a school (with some exceptions)?
I think it is an tremendous overreach of Federal power, and the legislation is simply a small, but good, first step.
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