Write memo to attorney describing the amendment

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Reference no: EM134026013

Question

In United States v. Lopez, 514 U.S. 549 (1995), the Supreme Court held that the federal law making it a crime to possess a gun near a school was not a proper exercise of the interstate commerce power. After the decision, Congress amended the section. The following paragraph was added to the code sections: "(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."

Assume that you work for a criminal defense attorney who now represents a defendant charged with the commission of the amended law. The defendant purchased the gun from a local gun store and has never traveled outside the state in which it was purchased. The prosecutor claims that the gun affects interstate commerce because the gun was manufactured in a different state.

Write a memo to the attorney describing the amendment and analyzing the constitutionality of the amended law in view of the Lopez case.

Reference no: EM134026013

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