Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: The problem gun reformers face [View all]DanTex
(20,709 posts)58. Whether guns are in common use or not has nothing to do with commerce clause or states' rights.
That might be relevant to constitutionality with regard to the second amendment, but that's a different issue. However, since some states have gun registries and/or universal background checks, then it is pretty difficult to argue that either of those are unconstitutional on 2A grounds.
True, but to date they have not done that...and far from a slam dunk defense for a challenge to a federal law restricting private intrastate sales..it may prevail, it may not...
They haven't done that because they haven't tried to, because this has never come up before the courts, because there is no such law in effect. But the evidence is there -- there are studies about this. Illegally trafficked guns show up far away from their original state all the time, and states with tighter gun laws, including UBC and registries, are the source of less illegal guns than states with loose laws.
Like I said, if there were any plausible constitutional question about UBC, then someone in the GOP/NRA would have been making noise about it in the last few months.
Edit history
Please sign in to view edit histories.
92 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Maybe look into why nobody with a clue about constitutional law has even hinted that
DanTex
Apr 2013
#5
Dan, are you not aware of the interstate commerce clause of the Constitution?
Alva Goldbook
Apr 2013
#9
Are you not aware of the NFA, which requires intra-state sales between private citizens to be
DanTex
Apr 2013
#17
Dan, intra-state sales between private citizens already gets a background check.
Alva Goldbook
Apr 2013
#41
If you sell an NFA gun to someone within the same state, you need to transfer the registration.
DanTex
Apr 2013
#56
Hoyt, I dont' actually know the difference between a magazine and a clip.
Alva Goldbook
Apr 2013
#55
I don't recall seeing a Constitutional Amendment that guarantees you to be free from gun violence.
Alva Goldbook
Apr 2013
#75
I could put a bunch of photos of shot kids, give us a break and stop promoting more guns.
Hoyt
Apr 2013
#87
Whether guns are in common use or not has nothing to do with commerce clause or states' rights.
DanTex
Apr 2013
#58
Dan, so basically what you're saying is that because the Fed regulates machines guns one way...
Alva Goldbook
Apr 2013
#78
That wouldn't affect the commerce clause or the Federal Government's jurisdiction.
DanTex
Apr 2013
#45
Miller was a second amendment case. The "unusualness" matters to the second amendment,
DanTex
Apr 2013
#52
LOL. So not only do you not know what a "Harvard Study" is, you also don't know about the NFA.
DanTex
Apr 2013
#14
I didn't say "all firearms". But the NFA is most definitely a national gun registry.
DanTex
Apr 2013
#16
Has it never ever prevented 1 criminal? Poor logic. Since one is able to get an illegal weapon....
uppityperson
Apr 2013
#46
Amazing, you're still standing by it! Even after it was shown to you that it is right-wing
DanTex
Apr 2013
#31
It only takes one person to challenge and you can bet on that person being out there somewhere..
pipoman
Apr 2013
#63
I think everyone outside the NRA bubble understands that you are the one posting falsehoods.
DanTex
Apr 2013
#38
Maybe their problem is the outright contempt that they have for millions of Democrats and
AnotherMcIntosh
Apr 2013
#50