In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
Constitutional vs Administrative Law
COBmmcmss
Member Posts: 1,174 ✭✭✭✭✭
So if the Constitution says "...shall not be infringed..." where does the Federal government or even the state government derive the power or authority to require ANYTHING regarding gun ownership? (e.g. Where can it prohibit a machine gun from public ownership or require forms for "selected" people to have a Class III?)
Comments
Raw power and the sheer cowardice and stupidity of the people.
Yep, that's why if you happen to serve on a jury you need to apply the constitution to the situation.
We (the public) gave it to them.
Most major gun laws came about following some kind of criminal act.
In the '30s the public outcry for "something" to be done about the gangsters was what initially triggered the proposed "1934 National Firearms Act"
That "Act" started out regulating many other firearms, but was eventually watered down to machine guns and short barreled rifles and shotguns. Knowing they could not get away with an outright ban (because of the 2nd amendment) they opted for regulation, and to try to "tax" said firearms out of circulation. $200 was a LOT of money back then.
The NFA was challenged, as UNconstitutional in court, a number of times. At least one federal court ruled that it WAS UNconstitutional, but a supreme court ruling overturned that decision. (Miller v. United States)
The Miller case was lost because there was no defense. Matter of fact, the defendants didn't even show up. Justice James Mcreynolds was free to rule whichever way he wanted. He got away with ruling that the short barreled shotgun was not any part of ordinary military equipment, or that its use could contribute to the common defense.
That decision set the precedent which opened the door for all of the federal gun laws we have today. They have since tried using Article I, Section 8 of the Constitution, granting Congress the power to regulate commerce, as to where they derive their power.
The recently passed Montana (and other states) gun laws, stating that if firearms are made in state, sold in state, are exempt from federal regulation, will prove interesting when those laws are challenged in court. What do you think the supreme court ruling on this will be? You know at some point, it will make it to the supreme court. Now, whether they decide to hear the case the case or not.......who knows.
One of the most draconian gun laws (Gun Control Act of 1968) came after the murder of Senator Robert F. Kennedy on June 5, 1968. Thanks to President Johnson (who, by the way, supported mandatory national gun registration and licenses for every gun owner) used the pubic outcry again to pass more firearm regulations.
Again, most major gun laws can be traced back to "public" outcry.
"WE" gave them the power, by not opposing them. [V]
Times, they are a changing. Thanks to the instant information available, courtesy of the internet. "WE" DID oppose the re-instatement of the AWB, letting them know their votes were being watched. The outcome of which, was allowing it to expire.
Where do they get the power?
We (the public) gave it to them.
Most major gun laws came about following some kind of criminal act.
In the '30s the public outcry for "something" to be done about the gangsters was what initially triggered the proposed "1934 National Firearms Act"
That "Act" started out regulating many other firearms,...
...They have since tried using Article I, Section 8 of the Constitution, granting Congress the power to regulate commerce, as to where they derive their power.
The recently passed Montana (and other states) gun laws, stating that if firearms are made in state, sold in state, are exempt from federal regulation, will prove interesting when those laws are challenged in court. What do you think the supreme court ruling on this will be? You know at some point, it will make it to the supreme court. Now, whether they decide to hear the case the case or not.......who knows.
...(Gun Control Act of 1968) came after the murder of Senator Robert F. Kennedy on June 5, 1968... T
Again, most major gun laws can be traced back to "public" outcry.
"WE" gave them the power, by not opposing them. [V]
PickUP - you cited it well. Public outcry for the government to do something is what starts most things like this. The Patriot Act was in response to public outcry.
The Interstate Commerce Clause is the most insidious portion of the Constitution as it's used to usurp the 10th Amendment.
I agree, it will be interesting to see how the courts treat the Montana reassertion of "States rights" as opposed to the administrative implied laws of the executive and legislative branches. I don't believe it will see the light of the Roberts' court for a long time. There are many liberal stooge judges in place right now on the Federal bench, and it's not getting better for a while.
COB