Really Bad : Fed Wants To Dismiss Firearm Lawsuit

Really Bad : Fed Wants To Dismiss Firearm Lawsuit

This is a discussion on Really Bad : Fed Wants To Dismiss Firearm Lawsuit within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Of course, some Federal Liberal is trying to squash our state's rights on firearms laws. Just another attempt to take away any and all rights ...

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Thread: Really Bad : Fed Wants To Dismiss Firearm Lawsuit

  1. #1
    VIP Member Array JoJoGunn's Avatar
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    Thumbs down Really Bad : Fed Wants To Dismiss Firearm Lawsuit

    Of course, some Federal Liberal is trying to squash our state's rights on firearms laws. Just another attempt to take away any and all rights we now enjoy. I was surprised to see my state involved, makes me feel a bit better.


    Magistrate recommends dismissing states' gun suit

    By MATT GOURAS
    Associated Press Writer

    HELENA, Mont. (AP) -- A federal magistrate is recommending the dismissal of a lawsuit filed by eight states seeking freedom from federal gun laws.

    The recommendation now goes to the federal judge hearing the case.

    The states argue they should decide which rules would control the sale and purchase of guns and paraphernalia made inside their borders.

    The federal magistrate on Wednesday sided with the U.S. Department of Justice and gun control advocates who say the courts have already decided that Congress can set standards on such items as guns through its power to regulate interstate commerce.

    The states in the lawsuit are Montana, Utah, Alabama, Idaho, South Carolina, South Dakota, Wyoming and West Virginia.
    http://hosted.ap.org/dynamic/stories...LATE=hddefault
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    VIP Member Array Hiram25's Avatar
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    Should be more than just 8 States!
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    VIP Member Array mcp1810's Avatar
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    So now all the Feds should have to do is show how something manufactured and sold in the same state is "interstate commerce". And seeing as how "interstate commerce" requires parties in more than one state to be invovled in the transaction..........
    Sure! That makes sense!
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    The problem lies in the case of a firearm being made under these proposed conditions in, say Montana, can be sold only in Montana. What manufacturer is willing to make firearms that can only be sold in it's home state? That would be a very limited market! Once the firearm is distributed across any state line for any reason, the Feds have juridiction and we're back where we started..
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    VIP Member Array Eagleks's Avatar
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    But, at some point.... someone has to stop the Fed's for using Interstate Commerce to get into the States' business and affairs. It right now it is the "catch all" for the Feds..... ie. healthcare. What about ammo ? Why not ? It could be a crime to take it out of the state... period.... and punish those that are caught doing it. Period, end of argument.
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    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by OldVet View Post
    The problem lies in the case of a firearm being made under these proposed conditions in, say Montana, can be sold only in Montana. What manufacturer is willing to make firearms that can only be sold in it's home state? That would be a very limited market! Once the firearm is distributed across any state line for any reason, the Feds have juridiction and we're back where we started..
    But that is the bone of contention here. There are companies in Montana that manufacture firearms and the argument is that if a Montana resident wishes to purchase a Montana manufactured firearm in the state of Montana there is no "interstate commerce" involved and thus no federal jurisdiction over such a sale. And Uncle doesn't like that idea.
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    VIP Member Array automatic slim's Avatar
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    Quote Originally Posted by OldVet View Post
    The problem lies in the case of a firearm being made under these proposed conditions in, say Montana, can be sold only in Montana. What manufacturer is willing to make firearms that can only be sold in it's home state? That would be a very limited market! Once the firearm is distributed across any state line for any reason, the Feds have juridiction and we're back where we started..
    Your analysis is incorrect. Use NAA in Utah as an example. They manufacture a certain number of firearms in a given year. Those shipped outside of Utah would fall under federal law. However those that remained in Utah would not be subject to federal law. What these states are correctly claiming is that the federal government is violating states rights, which is clearly spelled out in the Constitution. How can interstate commerce apply to something that never crosses a state line?
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    OK; I do not have access to my 2nd amendment files over here but the way the feds have gotten not only their noses into the state's tents but their whole ugly @ is this.....

    It was an agriculture case, a farmer strictly selling locally and not abiding by federal regulations, the feds argued successfully that his sales even though confined within the state affected interstate commerce by reducing the amount of interstate produce purchased in the area. So if this "logic" is followed then any AR-15 I purchase from CMMG (located in my current state of residence) affects interstate commerce buy reducing the number of other interstate makes I might have purchased. Government is like a cancer, unchecked it will ultimately consume the entire body.

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    Quote Originally Posted by F350 View Post
    OK; I do not have access to my 2nd amendment files over here but the way the feds have gotten not only their noses into the state's tents but their whole ugly @ is this.....

    It was an agriculture case, a farmer strictly selling locally and not abiding by federal regulations, the feds argued successfully that his sales even though confined within the state effected interstate commerce by reducing the amount of interstate produce purchased in the area. So if this "logic" is followed then any AR-15 I purchase from CMMG (located in my current state of residence) effects interstate commerce buy reducing the number of other interstate makes I might have purchased. Government is like a cancer, unchecked it will ultimately consume the entire body.
    Underlined above: Coming from Government, This is the only logic they have, warped as it is.

    In bold above. Indeed!!!
    We are almost fully consumed I feel.








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    Distinguished Member Array tangoseal's Avatar
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    Im quite sure that GA made fully automatic carbines would sell like hot cakes.
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    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by F350 View Post
    So if this "logic" is followed then any AR-15 I purchase from CMMG (located in my current state of residence) affects interstate commerce buy reducing the number of other interstate makes I might have purchased.
    So by extension someone offering "local pickup available" on an e-bay transaction, and thereby eliminating UPS or FedEx revenues should also be under the federal thumb.
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