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TOTAL abuse of the Commerce Clause

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
For those of you who have not read 18 USC 922, it is the "Federal Gun-Free School Zone" law.

Here's the prohibition:

(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

Like most laws passed by Congress, they have used the commerce clause to bogusly justify their power to regulate firearms:

(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;
......
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.

Okay -- so I'll get a gun that was made in that state and has never left that state so that way I can ignore the Federal law and that will be my defense for entering a Federal School Zone, right?

ERRRRRRRRRRRRRRRRR -- WRONG...read on....

(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;

WOOOOW! So even if your gun was made in state, the ore it's made of -- or the oil that made the polymer frame (or small plastic widget inside the gun) HAS come from another state/somewhere else, therefore the Federal GOvernment is declaring the power to regulate YOUR gun -- WOW!

There is good news, as many of you know....

(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;

.....sooo -- your Michigan Permit To Purchase/Possess or Michigan CPL will cover your ass from the Federal law -- BUT ONLY IN MICHIGAN. If you take your gun and CPL to Ohio and follow Ohio's laws -- the Feds can still bust your nuts on the Federal School Free Zone law UNLESS you also have a Concealed Weapons Permit issued to you by Ohio.....


Now class -- who likes how the US Congress has abused our Federalism?
 

eastmeyers

Regular Member
Joined
Apr 13, 2008
Messages
1,363
Location
Hazel Park, Michigan, USA
I think most of us know about this already, and are already disgusted. Many of us have wrote letters. I do however like this thread, it is good info for people that didn't know! And is a reminder to those who have not written a letter to do so, and for those who have gotten a new rep or a new senator since the last time they wrote a letter to write another (or change the name on the old letter). Its disgusting, its appalling!

Does anyone know of any cases, of the FEDs charging anyone under the circumstances listed, by any chance? I know its possible, because its in the law. I am just curious though, does anyone know of an out-of-stater, that is licensed from their home state, but got caught up in another state, from this horse manure?
 
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TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
Does this law actually serve any sort of purpose?

Go within 1000' of an out of state school (K-12), call the FBI, let them know you have a gun on you and where you are -- and find out.

I think the supposed purpose is so you don't hide in the bushes across the street from the school and snipe the playground. Because we know if you want to do that -- this law will certainly stop you -- even if those measly state murder statutes don't!
 

Badger Johnson

Regular Member
Joined
Jan 12, 2011
Messages
1,213
Location
USA
To say that

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

Begs the question that this, in any way, ensures the integrity and safety of anything, school or otherwise.

It's like saying 'Wear a helmet when you ride your bike to ensure you don't get brain trauma'. In fact, helmets are only certified to 'work' (give protection) at very, very slow speeds, and most bicycle falls cause other injuries (wrist fractures and collarbone breaks), and if you're hit by a careless driver, no helmet is going to help you much.
 

NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
A helmet would help while I am banging my head against the wall!:banghead: But this is one of those "feel good" laws makes anyone not the least bit familiar with what I like to call "REALLITY" to feel good.
 

eastmeyers

Regular Member
Joined
Apr 13, 2008
Messages
1,363
Location
Hazel Park, Michigan, USA
Agreed, I have been through several helmets......:uhoh:

It makes helmet manufactures richer....

They are giving away free bike helmets at "law day" tomorrow, as well as all the free legal advice you can handle in "every area of law" (or something like that). I have heard about it all week on WMUZ! (also tons of stuff for kids and free food).

I can find the website if someone wants.

ETA: Just in case I don't check back in before tomorrow: http://www.legalnews.com/detroit/955609/ (bam)
 
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Haman J.T.

New member
Joined
Feb 5, 2008
Messages
1,245
Location
, ,
I read a good response on a libertarian website today:

Laws based on political considerations are made to benefit politicians.
And those are the laws that the vast majority of American citizens have no clue about.They vote for someone who says what they like every 2 to 4 years,and thats all they know!The majority are decieved and are ignorant of the facts.Thats where our Freedoms and Rights have been eroded and the threat of going to jail has caused the average citizen to obey "the authorities (government rules and regulations)"! Thats why our enemy is so massive and our fight is unending.Taking the TRUTH to the ignorant and decieved is always an uphill battle! CARRY ON!
 

OC4me

Regular Member
Joined
Jan 14, 2009
Messages
750
Location
Northwest Kent County, Michigan
NO! "Shall not be infringed" means what it says,but has been ignored for decades!

+1,000,000 Notice how little 'shall not be infringed' was parsed in either the Heller or McDonald decisions. Every other phrase and individual word in the Second Amendment was analyzed with an electron microscope. Yet despite this phrase obviously being 'relevant' to whether possessing an operational firearm in the home for self-defense violated the Second Amendment, nary a mention was made.*

*". . . shall not be infringed." seems to have only been mentioned in passing when a cite of the complete Second Amendment was called for. Just saying!

I am curious as to whether any lower courts have since even touched the "shall not be infringed" phrase. My guess is that they simply ignored it as if it wasn't there.
 
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