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This Lawsuit Could Shatter ALL Federal Gun Control Laws
Bearing Arms ^ | 11-22-2016 | Bob Owens

Posted on 11/22/2016 6:29:40 PM PST by Kevin in California

The federal trial of a Kansas man for manufacturing and selling firearms and silencers without a federal license could very well turn out to be the pivotal case that not only challenges the constitutionality of the National Firearms Act of 1934, but also every federal firearms law ever passed in a battle that will determine whether it is the states or the federal government that has the constitutional right to pass gun laws.


TOPICS: News/Current Events; US: Kansas
KEYWORDS: banglist; lawsuit
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1 posted on 11/22/2016 6:29:40 PM PST by Kevin in California
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To: Kevin in California

Wouldn’t THAT be Suh-WEEEEET....!

crossing fingers and toes..!


2 posted on 11/22/2016 6:31:08 PM PST by gaijin
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To: Kevin in California

Those of us stuck in blue states - for whatever reason - need the federal government to come down hard on state infringements.


3 posted on 11/22/2016 6:31:31 PM PST by Jack Hammer
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To: Kevin in California

GOOD!!!!!


4 posted on 11/22/2016 6:32:55 PM PST by SandRat (Duty - Honor - Country! What else need s said?)
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To: Jack Hammer

You need, however, to argue the correct part of the Law. A4:S2:C1 is the part of the Constitution that requires the several States to continue to honor the P&I that were when the language was ratified. That would include the right to bear Arms.


5 posted on 11/22/2016 6:34:42 PM PST by Rurudyne (Standup Philosopher)
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To: Kevin in California

The states have n more right to restrict the keeping and bearing of arms than does the Federal Government. The RKBA “shall not be infringed. The wording is absolute. Not the FedGov, not the states, not the towns, not corporations or stores or anyone else may infringe on the RKBA. There is no exception for convicted felons or any other persons not incarcerated and subject to the involuntary servitude provision. When Hannity demands that existing laws be enforced rather than pass new laws he is arguing positively for already massive infringement in preference to the proposed infringements.


6 posted on 11/22/2016 6:38:07 PM PST by arthurus
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To: Rurudyne

You sound like someone who knows what he’s talking about. Alas, I’m not a lawyer. I’m just a poor sod who’s struck in a blue state.


7 posted on 11/22/2016 6:39:52 PM PST by Jack Hammer
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To: Kevin in California

First you need 5 justices that know what “shall not be infringed” means.

There are millions who don’t know what “natural born citizen means”, including a surprising number of FReepers.


8 posted on 11/22/2016 6:46:18 PM PST by Lurkinanloomin (Know Islam, No Peace - No Islam , Know Peace)
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To: arthurus
not corporations or stores or anyone else may infringe on the RKBA.

People and private organizations have every right to infringe on or deny my right to bear arms on their property. Don't like it, try walking up to my front door with a pistol in your hand. Your statement should have stopped listing entities that can't infringe on your right to bear arms after: "Not the FedGov, not the states, not the towns"
9 posted on 11/22/2016 6:50:53 PM PST by Garth Tater (What's mine is mine.)
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To: Lurkinanloomin

You also need to find 5 Justices that acknowledge the intent and function of the 10th Amendment.


10 posted on 11/22/2016 6:56:16 PM PST by Rurudyne (Standup Philosopher)
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To: Garth Tater
...try walking up to my front door with a pistol in your hand.

Now, unless you're a moron, you wouldn't do that! But, concealed is a different story. If it's concealed, it's concealed and unless they search you, they would never know!

11 posted on 11/22/2016 6:58:24 PM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: Kevin in California
that will determine whether it is the states or the federal government that has the constitutional right to pass gun laws.

Isn't this a chicken/egg scenario?

The Constitution limits the federal government, but federal law supersedes state law.

12 posted on 11/22/2016 6:58:31 PM PST by Extremely Extreme Extremist (Democracy is the backup QB to a dictatorship)
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To: Rurudyne

IMHO, the 10th Amendment shouldn’t affect the 2nd Amendment.


13 posted on 11/22/2016 6:59:52 PM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: Kevin in California

The Court finds it easy to give government power and really difficult to take any power away. How else did we get Wickard v. Filburn?

see:

An Ohio farmer, Roscoe Filburn, was growing wheat for use to feed animals on his own farm. The U.S. government had established limits on wheat production based on acreage owned by a farmer, in order to stabilize wheat prices and supplies. In 1941 Filburn grew more than the limits permitted and he was ordered to pay a penalty of $117.11. He claimed his wheat was not sold in interstate commerce and so the penalty could not apply to him. The Supreme Court stated “The intended disposition of the crop here involved has not been expressly stated” and later “Whether the subject of the regulation in question was ‘production’, ‘consumption’, or ‘marketing’ is, therefore, not material for purposes of deciding the question of federal power before us ... [b]ut even if appellee’s activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce and this irrespective of whether such effect is what might at some earlier time have been defined as ‘direct’ or ‘indirect’.”[4]

The Supreme Court interpreted the United States Constitution’s Commerce Clause under Article 1 Section 8, which permits the United States Congress “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” The Court decided that Filburn’s wheat growing activities reduced the amount of wheat he would buy for animal feed on the open market, which is traded nationally (interstate), and is therefore within the purview of the Commerce Clause. Although Filburn’s relatively small amount of production of more wheat than he was allotted would not affect interstate commerce itself, the cumulative actions of thousands of other farmers just like Filburn would certainly become substantial. Therefore, according to the court, Filburn’s production could be regulated by the federal government....

https://en.wikipedia.org/wiki/Wickard_v._Filburn


14 posted on 11/22/2016 7:01:06 PM PST by theBuckwheat
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To: Rurudyne

True.


15 posted on 11/22/2016 7:01:26 PM PST by Lurkinanloomin (Know Islam, No Peace - No Islam , Know Peace)
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To: Bushbacker1

Actually, there being no delegated power given the federal for gun control legislation affecting those among the several States is why the 10th is controlling Law.


16 posted on 11/22/2016 7:02:22 PM PST by Rurudyne (Standup Philosopher)
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To: theBuckwheat

The federal government has no delegated power to regulate commerce within a State or to regulate anything that is not properly commerce among the several States ... not even non-commercial activities that influence commerce.


17 posted on 11/22/2016 7:05:15 PM PST by Rurudyne (Standup Philosopher)
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To: Bushbacker1
But, concealed is a different story. If it's concealed, it's concealed and unless they search you, they would never know!

So you admit I have the right to infringe on your right to bear arms on my property?

And do you know what kind of moron it would take to try to enter my home with a weapon - concealed or not - if I had informed them that he was NOT allowed to bring a weapon into my home? A short-lived one, that's what kind of moron. And are you 100% sure of your concealment technique? Because your life could depend on it.
18 posted on 11/22/2016 7:26:58 PM PST by Garth Tater (What's mine is mine.)
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To: Garth Tater
So you admit I have the right to infringe on your right to bear arms on my property?

If it's concealed how would you know? And, if it's your house I'd either respect your wishes or not visit.

You need to take your anti-gun rhetoric somewhere else. I hear DU is open again!

19 posted on 11/22/2016 7:31:17 PM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: Kevin in California

Unlike the First Amendment, the Second Amendment, by its plain wording, is not subject to infringement by federal, state, or local law, nor by judicial fiat. What part of “shall not be infringed” is unclear?

- to the author of the excerpt, not to Kevin.


20 posted on 11/22/2016 7:35:25 PM PST by bIlluminati (Who is Horatio Bunce?)
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