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Thread: Fed-State

  1. #1
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    I was reading something on "rescue knives/switchblades", and it seemed to me that there was a legal premise that the federal government couldn't restrict the carrying of these knives, so the fed switchblade act was cooked up in regards to something they could in fact control, that being interstate commerce of the knives.

    Now, that was what I gathered, and I think I am correct. Not correct as in that the point is right, but that I am pretty sure that I am correct that the writer's interpretation was in fact this. And, as I read some of the language of the law (as posted), this language seemed to follow inasmuch as the fed regulation seemed to stem from a commerce aspect.

    Notwithstanding, this seems extremeley contrary to my observations in life. The "assault weapons" ban is a prime example of the feds restricting The People contrary to the foregoing idea, but of course, maybe that law also read in relation to commerce, banning interstate commerce in them, or something. But, consider the LEOSA....that also seems like an overriding of state law by the feds (albeit in my mind in the right direction), because I can't see any commerce angle on that.

    I'm just curious about this....

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    i kind of agree, i would like to read the article you reference. reminds me of the feds holding states hostage on the highway fund for drinking age

  3. #3
    Regular Member 4angrybadgers's Avatar
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    I think it's safe to say that "interstate commerce" has been used to justify the majority of the federal government's overreaching its boundaries. That clause has been quoted many times to regulate anything that may cross state lines, even if it isn't actually commerce (as you said).

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    4angrybadgers wrote:
    I think it's safe to say that "interstate commerce" has been used to justify the majority of the federal government's overreaching its boundaries. That clause has been quoted many times to regulate anything that may cross state lines, even if it isn't actually commerce (as you said).
    Ya'll are on the right track with this... don't stop here... The Supreme Court found that not only interstate commerce is within the jurisdiction of the fed, but also ANYTHING that may affect interstate commerce. You may want to start with finding and reading that case. Next, you need to gain a general understanding of agency law. You can get a course outline on agency law for this... I use Emanuel law outlines. It's gonna take some study time, but if ya'll really want some answers on this, you're gonna have to do your homework.

  5. #5
    Moderator / Administrator Grapeshot's Avatar
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    Proposed ban/restriction on some knives was pertaining to their importation and US Customs - it did Not make the cut - did Not become law.
    http://www.nraila.org/Legislation/Read.aspx?ID=4972

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