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Thread: Interstate Commerce to our Advantage?

  1. #1
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    If a gun can be declared under Federal regulation and control by merit of the commerce powers, then can the argument be made that since it is under Federal regulation then, as a Citizen of the United States I am also taking with it the Federal Governments 2nd Amendment right and that over rides any states law?

    I am sure the logic is flawed, sometimes I can't think of the right argument to things.

  2. #2
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    Not quite. The Constitution & BoR governs Federal activities. As such, anything the Federal does MUST be in compliance with the rules & restrictions governing the Federal.

    So truth be told, the Federal shouldn't be able to regulate firearms insofar as the regulations relate to the 'Right of the people to keep and bear arms shall not be infringed'.

    They could likely get away with (legally) not allowing certain models / brands / types to be sold in the US so long as they are allowing some models to be sold. The right pertains to private ownership & carry/usage.

    The problem lies in the fact the Fed has not been following the rules governing it and we the people have given it a pass on its transgressions.

  3. #3
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    Sure they should be allowed, but they are. So unless we can get them to completely deregulate them I would argue that the Fed can't regulate them without bringing with it the protections against the Fed.

    That means that if they can make a law that controls or restricts the firearm as say is involved in interstate commerce as they say, then it comes with it the protection of the BOR, even at the state level.

    I am sure it is a flawed one, but hey, I am sure there have been dumber arguments.

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