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Feds: States' growing gun-rights movement a threat
WND ^ | 20 May, 2010 | Bob Unruh

Posted on 05/21/2010 6:22:38 AM PDT by marktwain

The federal government is arguing in a gun-rights case pending in federal court in Montana that state plans to exempt in-state guns from various federal requirements themselves make the laws void, because the growing movement certainly would impact "interstate commerce."

The government continues to argue to the court that the Commerce Clause in the U.S. Constitution should be the guiding rule for the coming decision. The argument plays down the significance of both the Second Amendment right to bear arms and the 10th Amendment provision that reserves to states all prerogatives not specifically granted thefederal government in the Constitution.

(Excerpt) Read more at wnd.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS: 10thamendment; 2ndamendment; banglist; constitution
We will see if the justice Scalia has developed any spine since the Gonzales v. Raich decision.
1 posted on 05/21/2010 6:22:39 AM PDT by marktwain
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To: marktwain
The Bourgeoisie's can not be armed.
2 posted on 05/21/2010 6:25:32 AM PDT by screaminsunshine
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To: marktwain

This administration can not accomplish their agenda if innocent, law abiding citizens can own guns. What’s that tell you.... It is pretty clear that the 2A reads “shall not be infringed”. What part of “shall not be infringed” don’t they “understand”.


3 posted on 05/21/2010 6:30:26 AM PDT by mikelets456
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To: marktwain

It bodes well that such questions are finally being adjudicated.

SnakeDoc


4 posted on 05/21/2010 6:33:20 AM PDT by SnakeDoctor ("The world will know that free men stood against a tyrant [...] that even a god-king can bleed.")
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To: marktwain; All

The government continues to argue to the court that the Commerce Clause in the U.S. Constitution should be the guiding rule for the coming decision.


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5 posted on 05/21/2010 6:40:51 AM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: SnakeDoctor

Montana, and other states enacting this legislation have said, in effect, “if it stays within this state, interstate commerce is, by definition, not involved.” If a person were to buy a firearm in one of these states and then transport it to another state for purposes of sales, the individual would have been involved in interstate commerce. Until that happens, the firearm should not be subject to Federal laws.


6 posted on 05/21/2010 6:42:15 AM PDT by Pecos
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To: marktwain

If the Feds think that States’ growing gun-rights movement is a threat now, just wait until a Revolution breaks out.


7 posted on 05/21/2010 6:49:33 AM PDT by no dems
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To: screaminsunshine

LOL, what choice do they have? Whether they like it or not they govern at our pleasure. When we withdraw our consent will they listen or simply use force? If the later it becomes a matter of ruling vs governing. I know there’s a fair %age who will roll over and take it. Then there’s that other group...


8 posted on 05/21/2010 6:52:17 AM PDT by 556x45
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To: marktwain
I'm waiting for Pennsylvania to pass a similar law (HB1988). But my question is, are these largely symbolic or are there really companies that have sprung up in Montana and the other states that have passed them, offering NFA (or otherwise) weapons intrastate?

And if they did offer them in your state, would you buy an intrastate fully auto rifle, if it meant you were violating a conflicting federal law (ie. would you be a voluntary test case)?

9 posted on 05/21/2010 6:59:59 AM PDT by Dan Nunn (Some of us are wise, some of us are otherwise. -The Great One)
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To: 556x45
Then there’s that other group...

The one's for whom 'rolling over' means shooting prone?

10 posted on 05/21/2010 10:05:20 AM PDT by gundog (Outrage is anger taken by surprise. Nothing these people do surprises me anymore.)
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To: gundog

No that group would be those who just lay down for that sort of thing. ;)


11 posted on 05/21/2010 10:21:00 AM PDT by 556x45
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To: marktwain
Feds: States' growing gun-rights movement Constitution and individual freedom a threat
12 posted on 05/21/2010 10:58:41 AM PDT by Jim 0216
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