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federal law on weapons in school area

eadamson

New member
Joined
Dec 15, 2012
Messages
1
Location
Chickasha, OK
Speaking of Guns and Schools....

Speaking of guns and schools... http://www.chickashanow.com/?single=2012-12-15_10%3A27%3A01


Bob, the court case I quoted was decided in 2000 for an arrest and prosecution that occured in 1999, well after the gun control act was re-passed, the 1990 version was struck, and it was repassed in 1995, the only change they made was to add a "juristictional hook" by now mandating the firearm "move in interstate commerce" which of course the feds will claim is any gun...

It's bad law, but the cite I gave is valid.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
I find this amusing:

(1)The Congress finds and declares that—

(A)crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;

(B)crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;

(C)firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary [3] the House of Representatives and the Committee on the Judiciary of the Senate;

(D)in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;

(E)while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;

(F)the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;

(G)this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;

(H)States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and

(I)the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.

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Really? This entire section is completely ignorant and baseless. Crime is schools has become much worse after this law was passed!

The decline in education has NOTHING to do with firearms, and everything to do with the education system of this country.

States and school systems find it "almost impossible" to handle gun-related crime? Really? Says who? I don't believe Kentucky has a problem with handling gun-related crime, or the majority of other states with liberal or non-existant firearm law. The states with strict gun-control do appear to have a problem with gun-related crime. I wonder why that is?

They are saying that EVERY firearm moves in interstate commerce, therefore EVERY firearm is covered under this statute. Really? How can this sh*t be constitutional? There are companies that develop and manufacture every part in their firearms, and they are in only ONE state. If those firearms do not leave the state then they have not been part of interstate commerce. They are saying ammunition is PART of the firearm! This is ridiculous! I'd like to hear that argument in court.

Crime involving guns is a nation-wide problem? Really? Crime involving guns has steadily declined over the years, so this is another false claim. Also, gun crime wouldn't be anywhere near what it is if we removed the 5 most restrictive states from the gun-crime rate. More restrictions on law-abiding citizens means more crime!

Congress has the power to enforce this statute under the commerce clause? NOT! They have the authority to regulate trade between the states and with other countries; nowhere does it say they can regulate individual items simply because they moved from one state to another. Regulating trade between states is much different than regulating products because they were moved among the states! The justices MUST have been paid off to give the commerce clause such broad interpretations.

This entire statute is ridiculous!

Anyone know where to find the definitions of the code, because I can't find them where they normally are. "License" has many definitions, and I agree with Eye95: what would be conisdered a license?
 
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