[House Document 104-72]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - - - House
Document 104-72
PROPOSED LEGISLATION: ``THE GUN-FREE SCHOOL ZONES AMENDMENTS ACT OF 1995''
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A DRAFT OF PROPOSED LEGISLATION TO AMEND THE GUN-FREE SCHOOL ZONES ACT
OF 1990 TO PROVIDE THE NECESSARY NEXUS WITH INTERSTATE COMMERCE
Message and accompanying papers referred to the Committee on the
Judiciary and ordered to be printed
To the Congress of the United States:
Today I am transmitting for your immediate consideration
and passage the ``Gun-Free School Zones Amendments Act of
1995.'' This Act will provide the jurisdictional element for
the Gun-Free School Zones Act of 1990 required by the Supreme
Court's recent decision in United States v. Lopez.
In a 5-4 decision, the Court in Lopez held that the
Congress had exceeded its authority under the Commerce Clause
by enacting the Gun-Free School Zones Act of 1990, codified at
18 U.S.C. 992(q). The Court found that this Act did not contain
the jurisdictional element that would ensure that the firearms
possession in question has the requisite nexus with interstate
commerce.
In the wake of that decision, I directed Attorney General
Reno to present to me an analysis of Lopez and to recommend a
legislative solution to the problem identified by that
decision. Her legislative recommendation is presented in this
proposal.
The legislative proposal would amend the Gun-Free School
Zones Act by adding the requirement that the Government prove
that the firearm has ``moved in or the possession of such
firearm otherwise affects interstate or foreign commerce.''
The addition of this jurisdictional element would limit the
Act's ``reach to a discrete set of firearm possessions that
additionally have an explicit connection with or effect on
interstate commence,'' as the Court stated in Lopez, and
thereby bring it within the Congress' Commerce Clause
authority.
The Attorney General reported to me that this proposal
would have little, if any, impact on the ability of prosecutors
to charge this offense, for the vast majority of firearms have
``moved in * * * commerce'' before reaching their eventual
possessor.
Furthermore, by also including the possibility of proving
the offense by showing that the possession of the firearm
``otherwise affects interstate or foreign commerce,'' this
proposal would leave open the possibility of showing, under the
facts of a particular case, that although the firearm itself
may not have ``moved in * * * interstate or foreign commerce,''
its possession nonetheless has a sufficient nexus to commerce.
The Attorney General has advised that this proposal does
not require the Government to prove that a defendant had
knowledge that the firearm ``has moved in or the possession of
such firearm otherwise affects interstate or foreign
commerce.'' The defendant must know only that he or she
possesses the firearm.
I am committed to doing everything in my power to make
schools places where young people can be secure, where they can
learn, and where parents can be confident that discipline is
enforced.
I pledge that the Administration will do our part to help
make our schools safe and the neighborhoods around them safe.
We are prepared to work immediately with the Congress to enact
this legislation. I urge the prompt and favorable consideration
of this legislative proposal by the Congress.
William J. Clinton.
The White House, May 10, 1995.
A BILL To amend the Gun-Free School Zones Act of 1990 to provide the
necessary nexus with interstate commerce.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun-Free School Zones
Amendments Act of 1995''.
SEC. 2. INTERSTATE NEXUS.
Section 922(q)(2)(A) of title 18, United States code, is
amended by inserting after ``zone'' the following: ``, if that
firearm has moved in or the possession of such firearm
otherwise affects interstate or foreign commerce''.