Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Djarum
"Then how do we ban private ownership of WMDs?"

Simple. Just sit at your little keyboard and type, "You can't! It's unconstitutional!". Standard response which doesn't call for any thinking. Idiots.

In actuality, the banning or regulation of any weapon is done at the state level within the limitations of the state constitution. California is FUBAR because their state constitution says nothing about guns. My state, Illinois, is only slightly better.

The federal government has no authority in this area under the second amendment. Any law they pass under the second amendment would only apply to the federal government, not the states, since the second amendment only applies to the federal government.

That's why the federal Gun Control Act of 1968 and the federal AWB of 1994 were passed under the Commerce Clause, not the second amendment.

123 posted on 06/03/2004 8:56:07 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 99 | View Replies ]


To: robertpaulsen
The federal government has no authority in this area under the second amendment. Any law they pass under the second amendment would only apply to the federal government, not the states, since the second amendment only applies to the federal government.

You are ignoring the Supremacy Clause again. Any law Congress passes is the Supreme Law of the Land until either the USSC overturns it or Congress rescinds it. The Feds can enforce their laws within States if it's on the books.

Did you forget what you wrote here?--

Should the federal ban on assault weapons be... Freep this CNN Poll (assault weapon ban Posts 101 through 122 should refresh your memory.

That's why the federal Gun Control Act of 1968 and the federal AWB of 1994 were passed under the Commerce Clause, not the second amendment.

Yes, that would be the New Deal "substantial effects" sophistry which you defend so vigorously. I believe you called it "using the full potential of the Commerce Clause" or something like that.

139 posted on 06/03/2004 9:59:05 AM PDT by Ken H
[ Post Reply | Private Reply | To 123 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson