Quote:
Originally Posted by Willravel
That's something I've never heard before.
I do remember that the NRA lobbied heavily against the Brady Act and then sued after it passed, stating that it violated the 10th Amendment. They wanted the whole statute to be ruled unconstitutional, but the SCOTUS only ruled that the provision which compelled state and local background checks was unconstitutional. The rest was upheld as constitutional, but I don't know whether or not the commerce clause was mentioned. I'll have to go back and read Printz v. US.
|
printz v. US was held to violate the 10th Amendment when applied to forcing states to conduct the background checks. the background checks themselves are now done via the FFL directly, hence the commerce clause applies.
__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
|