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fifthofnine

fifthofnine's Journal
fifthofnine's Journal
July 25, 2015

The Brady Law....

...now that I have posted 10 times and am able to start a new thread, here is issue #2 of 3 that has often tempted me to join DU and participate:

It amazes me how many seemingly qualified people (experts?), in government, on TV, and yes, on DU, etc. do not seem to know, realize or understand "The Brady Law", in its entirely, is null and void and has been for more than 18 years.



PRINTZ, SHERIFF/CORONER, RAVALLI COUNTY, MONTANA v. UNITED STATES
Argued: December 3, 1996 Decided: June 27, 1997

Held:
1. The Brady Act's interim provision commanding Chief Law Enforcement Officers (CLEOs) to conduct background checks, §922(s)(2), is unconstitutional.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined. O'Connor, J., and Thomas, J., filed concurring opinions. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a dissenting opinion. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined.

http://caselaw.findlaw.com/us-supreme-court/521/898.html

Ed Note: it was not argued under the Second Amendment, but under the "unfunded mandate" clause of the constitution. e.g. The federal government cannot force the states to do "something" and also not pay the states to do it.

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