Commerce clause

This is a discussion on Commerce clause within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Hello DC forums, first time poster long time lurker. I'm just gonna dive right in with a question, so here goes. Disclaimer: The following is ...

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Thread: Commerce clause

  1. #1
    Ex Member Array myrkr's Avatar
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    Lightbulb Commerce clause

    Hello DC forums, first time poster long time lurker. I'm just gonna dive right in with a question, so here goes.

    Disclaimer: The following is a purely hypothetical situation, and I am not planning on, nor do I condone, violating any state or federal laws

    It is my understanding that the federal government is able to enforce the various national gun laws, particularly the National Firearm Act, by using the commerce clause. IIRC, this would only grant them authority over weapons which have traveled in or effect interstate commerce. So assuming state law doesn't restrict doing so, would it not be legal to manufacture an NFA weapon completely from scratch, provided you do not intend to sell it? (For arguments sake you have a CNC machine and are using steel billets made from metal mined in your state.) I know it's supposedly legal to make your own gun so long as you never part with it. Of course, you would more than likely get a visit from the feds regardless of the legality of the situation, but I've been curious about this for some time now. Any thoughts and opinions are greatly appreciated.

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    VIP Member Array peckman28's Avatar
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    Montana recently passed such a law. Last I heard it was being challenged in court, of course. So legally it seems to be a somewhat unresolved issue actually, unless someone else chimes in with an update.

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    Several states are challenging "Federal interference" in this type of case.
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    VIP Member Array dukalmighty's Avatar
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    If your talking about making a "machine gun" without a manufacturers license I would not want to be the test case since if you are seen firing it and an LEO asks to see the tax stamp you will end up sitting in jail
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    VIP Member Array mlr1m's Avatar
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    The Federal Governments opinion is that if any component of the weapon crosses state lines that it can be restricted or banned under the powers of the Commerce clause. If the steel used to make the barrel crossed State lines it is within their powers to regulate whatever product is made with that steel. They also go so far as saying that if a product is made solely within a State with steel, wood plastic made entirely within that State it is still subject to the Commerce clause if it effects the price of similar products made in other States.

    Michael

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    Member Array JayTee's Avatar
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    So basically the FedGov can regulate anything and everything.

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    Quote Originally Posted by JayTee View Post
    So basically the FedGov can regulate anything and everything.
    That's the federal govenment's position.

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    Ex Member Array myrkr's Avatar
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    Quote Originally Posted by dukalmighty View Post
    If your talking about making a "machine gun" without a manufacturers license I would not want to be the test case since if you are seen firing it and an LEO asks to see the tax stamp you will end up sitting in jail
    Oh I definitely don't plan on doing anything of the sort, I just wanted to know how badly they corrupted the commerce claws. Interpreted as I believe it should be, they wouldn't be allowed to come up with arbitrary uses for it, such as applying it to items made from raw material shipped from out of state. I wouldn't be surprised to see them try to apply the commerce clause to world trade, seeing as how other nations are touching our water haha. Thanks for the thoughts guys.

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    VIP Member Array zacii's Avatar
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    Quote Originally Posted by peckman28 View Post
    Montana recently passed such a law. Last I heard it was being challenged in court, of course. So legally it seems to be a somewhat unresolved issue actually, unless someone else chimes in with an update.

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    I believe that Utah passed a similar law, too.

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    Ex Member Array Ram Rod's Avatar
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    This is why I should legally be able to avoid a traffic ticket....correct? Commerce clause.

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