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Old May 3, 2009, 01:54 PM   #30
Ricky B
Senior Member
 
Join Date: November 3, 2002
Posts: 251
US v. Lopez

In a rare limitation on congress's power, the U.S. Supreme Court in 1995 declared the federal gun-free school zone law unconstitutional in U.S. v. Lopez.

http://en.wikipedia.org/wiki/United_States_v._Lopez

California's law, clearly modeled on the federal law, was passed in 1995.

All is not clear, however, because the statute as invalidated by the court did not contain the limitation that now appears in the statute, namely, that the firearm have "moved in or that otherwise affects interstate or foreign commerce." I doubt that the current court would change its opinion based on the amendment, particularly in light of its decision in United States v. Morrison, 529 U.S. 598 (2000), but technically speaking the current statute is not the one that the court invalidated in Lopez.

And new justices appointed by Pres. Obama might not see things the same way as the majority did in 1995.

Therefore I think that complying with the federal law by keeping it in a locked container is advisable. State law already requires it to be unloaded.
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