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To: neverdem

What I want to see is the SCOTUS affirm the right of states to regulate *intrastate* commerce in firearms. That is, since FDR the courts have expanded the Interstate Commerce Clause to include *intrastate* commerce, and this needs to end.

Clarence Thomas laid the groundwork for this by reaffirming the Privileges or Immunities Clause of the 14th Amendment, in McDonald v. Chicago, which asserts that if a state oppresses the civil rights of its citizens, the federal government can intervene to stop the state from doing that.

That is, he did one side of the equation, that states cannot oppress their citizens 2nd Amendment rights. But now, the SCOTUS needs to establish the flip side to this argument, that if guns and ammunition are produced in a state, *not* for export to other states, it should be free of federal regulation.

And if the SCOTUS does this, the ramifications are gigantic, because the vast amount of power the feds inflict on the states and the people is on *intrastate* commerce. If they can no longer do this, a lot of what the federal government is doing right now goes right out the window.

Though it would take decades to do so.


7 posted on 02/01/2013 5:32:31 PM PST by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: yefragetuwrabrumuy

What guns and ammo are manufactured in a state without export to another state? I would think guns like anything else are manufactured in factories and then sold throughout the US and the world.


10 posted on 02/01/2013 5:58:51 PM PST by plain talk
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To: yefragetuwrabrumuy
-- What I want to see is the SCOTUS affirm the right of states to regulate *intrastate* commerce in firearms. --

That decision has already been made, and opposite the direction you suggest. US v. Stewart. The feds have supremacy in that regard too, via application of the Raich (pot) precedent to firearms. SCOTUS ordered the ninth circuit to uphold the conviction of a man who had a federally prohibited weapon, where the weapon never left his house, nevermind leaving the state.

Pigs will fly before the SCOTUS again rules in favor of the RKBA, as it did in the Miller and Presser cases.

17 posted on 02/02/2013 6:29:56 AM PST by Cboldt
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