Leah Britton

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No. 07-0268
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IN THE SUPREME COURT OF THE UNITED STATES

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ANDREA “ANDY” SOMMERVILLE,
Petitioners-Appellants
v.

WLLIAM DENOLF
Respondent-Appellee

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On Writ of Certiorari to the United States
Court of Appeals for the Seventeenth Circuit

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BRIEF FOR RESPONDENT
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QUESTIONS PRESENTED FOR REVIEW
1) Whether the Gun Free School Zone Act of 1997 (18 USC 922 q) applies to DeNolf and whether it violates the Second Amendment to the United States Constitution

2) Whether the United States government, in enacting 18 USC 922 q, exceeded its constitutional powers granted by the Commerce Clause, Article I, Section 8, Clause 3.

TABLE OF CONTENTS
QUESTIONS PRESENTED FOR REVIEW…………………………………………………… ii TABLE OF CONTENTS………………………………………………………………………... iii TABLE OF AUTHORITIES……………………………………………………………………. vi Cases on Record…………………………………………………………………………. vi Supreme Court Cases……………………………………………………………. vi CONSTITUTIONAL AND STATUTORY PROVISIONS …………………………………. vii STATEMENT OF THE CASE………………………………………………………………….ix SUMMARY OF THE ARGUMENT……………………………………………………..xi ARGUMENT …………………………………………………………………………… I. WILLIAM DENOLF IS NOT VIOLATING THE GUN FREE SCHOOL ZONE ACT OF 1977 BECAUSE OF THE FACT THAT HE WAS IN HIS HOME.…………………………………………………………xi A. Possession of a firearm is forbidden on school grounds.………………………………………………….. xi B. Licensing was not required by the state of Olympus.……………………………..xii C. William Denolf had a clear separation of the school and workshop which confirms that his children were not at danger with the firearms.……………………………………………………………………..……….. xii II. THE SECOND AMMENDMENT GIVES WILLIAM DENOLF THE RIGHT TO HAVE THE FIREARMS IN HIS HOME.…………………….. xiii A. The rights entitled in the 2nd Amendment……………………………………….. xiii B .No US Code should adjust the meaning of the law laid by the Constitution. If this is done, it is malum in se.…………………………xiv C. An individual has the right to possess a firearm…………………………………….xv. D. The acknowledgement of gun violence and the involvement of children was observed and educated upon in William Denolf’s home……………………………………….xvi III. THE UNITED STATE GOVERNMENT IS EXCEEDING ITS CONSTITUTAINAL POWERS GRANTED BY THE COMMERCE CLAUSE BY CONVICTING WILLIAM DENOLF OF HIS OWN RIGHTS………………………………….xvii A. Congress exceeded Authority in enacting the interstate commerce clause on William Denolf………………………………………………………xvii IV. IV.DENOLF’S WAS ON PRIVATE GROUNDS WHICH CONCLUDES HE WAS NOT IN VIOLATION OF THE Gun Free School Zone Act…………………………………xix V. CONCLUSION……………………………………………….xx

TABLE OF AUTHORITIES
Cases on Record
Supreme Court cases.
Gonzales v. Raich, 545 U.S. 1 (2005)………………………………………viii-c, ix-c Parker v. District of Columbia, (No. 04-7041 (D.C. Cir., March 9, 2007)…………………………… ix-a, x-b Rohrbaugh v. State 607 S.E.2d 404 (W. Va. 2004) ………………………………….…..ix-a United States v. Emerson, 270 F.3d 203 (5th Cir. 2001), cert. den., 536 U.S. 907 (2002)………..…………………………………...ix-a, x-a, xi-c, xii-c United States v. Lopez, 514 U.S. 549 (1995)……………………………………..xii-a, xiv-a United States v. Parker, 362 F.3d 1279 (10th Cir. 2004) …………………………..ix-a, x-a,b, xi-b

CONSTITUTIONAL AND STATUTORY PROVISIONS
The Gun Free School Zone Act of 1997
18 USC § 921
Definitions (a) As used in this chapter—
(2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). (25) The term “school zone” means—

(A) in, or on the...
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