After doing the assigned reading for Class 2, you should have a basic understanding of the ability of Congress to pass laws that regulate interstate commerce. With that knowledge, answer the following question in 2-3 typed, double-spaced pages:
Congress passed a law that prohibited the possession of a firearm within 1000 feet of a school. John Smith, a resident of a neighborhood in Boston, lived 500 feet from a local public grammar school.
John inherited an antique revolver from his father that he kept loaded in a cabinet next to his bed. On days when John would go to the bank, he carried the gun for personal protection, although he was not licensed to carry the gun. As he walked down the street to the bank, he passed in front of the school. While fumbling for his cellphone, the loaded gun dropped to the ground. A school security guard saw John drop the gun, and called the FBI. The FBI then arrested John for violating the law against possessing a gun within 1000 feet of a school.
John hired a lawyer who asked the court to dismiss the charge against John because the law was unconstitutional. The lawyer argued that Congress did not have the authority under the Commerce Clause to pass this law. Is John’s lawyer correct? Fully explain your answer.
Please do not use references. Simply use amendments and commerce clause and opinion points.