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Thread: 18 USC 922(g) vs. US. v Lopez

  1. #1
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    Be aware that although 626.9PC does not effect long arms, that 18 USC 922(q) does. Now how likely a prosecution under this section is another story is another question due to US. v Lopez

    The law is still on the books, so you can be charged for it should they decide to be a pain in your side.

    I would avoid carrying in all school zones
    .


    SCOTUS said, "We hold that the Act exceeds the authority of Congress "[t]o regulate Commerce . . . among the several States . . . ." U. S. Const., Art. I, §8, cl. 3."


    Is the section of the law still enforceable?

    US. v Lopez is an interesting read non the less.

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    I just got out of my political science class and after class I asked my professor about this situation specifically.

    He said that since SCOTUS ruled it unconstitutional in that the accused did not effect interstate commerce. The law remains on the books due to it being part of a larger law which would have to be rewritten and go through all the legislative hurtles again.

    In order to be charged with 18 USC 922(g) on would have to be interfering with interstate commerce ie: drug possession, some type of business, etc.

    Going about your daily business does not interfere with interstate commerce.

    In summery you can be charged but unless you are taking part in interstate commerce at the time the charges are unconstitutional.


    I really hate the interstate commerce clause lol
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    chewy352 wrote:
    SNIP Is the section of the law still enforceable?
    This is where quoting the law actually comes in handy.

    After the ruling, Congress went back and clarified the prohibition to include guns that have moved in interstate commerce. Sneaky, overreaching jerks.

    To my knowledge, no one hase been charged under the new statute.

    I can't copy and paste, but here is a link to a .pdf that shows the changes after Lopez.
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    chewy352 wrote:
    Be aware that although 626.9PC does not effect long arms, that 18 USC 922(q) does. Now how likely a prosecution under this section is another story is another question due to US. v Lopez

    The law is still on the books, so you can be charged for it should they decide to be a pain in your side.

    I would avoid carrying in all school zones
    .


    SCOTUS said, "We hold that the Act exceeds the authority of Congress "[t]o regulate Commerce . . . among the several States . . . ." U. S. Const., Art. I, §8, cl. 3."


    Is the section of the law still enforceable?

    US. v Lopez is an interesting read non the less.
    Go back and read 18,922.q.2 and specifically q.2.ii, and you'll clearly see that if you are licensed to carry within your state, you can carry within a school zone.

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    SouthernBoy wrote:
    chewy352 wrote:
    Be aware that although 626.9PC does not effect long arms, that 18 USC 922(q) does. Now how likely a prosecution under this section is another story is another question due to US. v Lopez

    The law is still on the books, so you can be charged for it should they decide to be a pain in your side.

    I would avoid carrying in all school zones
    .


    SCOTUS said, "We hold that the Act exceeds the authority of Congress "[t]o regulate Commerce . . . among the several States . . . ." U. S. Const., Art. I, §8, cl. 3."


    Is the section of the law still enforceable?

    US. v Lopez is an interesting read non the less.
    Go back and read 18,922.q.2 and specifically q.2.ii, and you'll clearly see that if you are licensed to carry within your state, you can carry within a school zone.
    Also check your state laws. Many states have laws prohibiting carry in school zones.
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


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    SouthernBoy wrote:
    chewy352 wrote:
    Be aware that although 626.9PC does not effect long arms, that 18 USC 922(q) does. Now how likely a prosecution under this section is another story is another question due to US. v Lopez

    The law is still on the books, so you can be charged for it should they decide to be a pain in your side.

    I would avoid carrying in all school zones
    .


    SCOTUS said, "We hold that the Act exceeds the authority of Congress "[t]o regulate Commerce . . . among the several States . . . ." U. S. Const., Art. I, §8, cl. 3."


    Is the section of the law still enforceable?

    US. v Lopez is an interesting read non the less.
    Go back and read 18,922.q.2 and specifically q.2.ii, and you'll clearly see that if you are licensed to carry within your state, you can carry within a school zone.
    CA does not require a license to UOC.
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    ak56 wrote:
    SouthernBoy wrote:
    chewy352 wrote:
    Be aware that although 626.9PC does not effect long arms, that 18 USC 922(q) does. Now how likely a prosecution under this section is another story is another question due to US. v Lopez

    The law is still on the books, so you can be charged for it should they decide to be a pain in your side.

    I would avoid carrying in all school zones
    .


    SCOTUS said, "We hold that the Act exceeds the authority of Congress "[t]o regulate Commerce . . . among the several States . . . ." U. S. Const., Art. I, §8, cl. 3."


    Is the section of the law still enforceable?

    US. v Lopez is an interesting read non the less.
    Go back and read 18,922.q.2 and specifically q.2.ii, and you'll clearly see that if you are licensed to carry within your state, you can carry within a school zone.
    Also check your state laws. Many states have laws prohibiting carry in school zones.
    CA has PC 626.9 which does not seem imo to outlaw longarms in school zones. http://www.leginfo.ca.gov/cgi-bin/di...ile=626-626.11
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