AWB: Which enumerated power?

[SirRealism]

Can someone tell me under which enumerated power a weapons ban would fall?

Please correct me if my history isn't quite right: My understanding is that the GFSZA was challenged in US v. Lopez, and was found unconstitutional. After that time, Congress altered the act to add verbiage about guns that "affect" interstate commerce.

So which enumerated power did Congress exercise when they passed the NFA and the '94 AWB? Is it interstate commerce and/or general welfare?

 

[Kirk Freeman]

The Big Hammer: Commerce Clause.

 

[SirRealism]

And that's why they go after sale and import, rather than ownership, correct?

Do you know if Montana made headway re: the ability to mfr and sell NFA items within the state?

 

[Kirk Freeman]

And that's why they go after sale and import, rather than ownership, correct?

I am not understanding. Not go after ownership?

Ownership of things Congress forbids is illegal, e.g. marijuana.

Do you know if Montana made headway re: the ability to mfr and sell NFA items within the state?

I have no idea what you are referencing. Perhaps some gunshop embellished version of the FFA (the Montana's statute only pertained to Title I firearms)?

Montana Firearms Freedom Act - Wikipedia, the free encyclopedia

 

[SirRealism]

I am not understanding. Not go after ownership?

Ownership of things Congress forbids is illegal, e.g. marijuana.

I realize that Congress forbids things like marijuana. But I've just recently begun to look more closely at everything Congress does to find out exactly what authority they used. I took too much for granted in the past.

That's all.

I have no idea what you are referencing. Perhaps some gunshop embellished version of the FFA (the Montana's statute only pertained to Title I firearms)?

Montana Firearms Freedom Act - Wikipedia, the free encyclopedia

What is the gunshop embellishment? If the MFFA applies to suppressors, doesn't the act imply that at Montana could sell suppressors (an NFA item) within its borders without a tax stamp?

 

[Kirk Freeman]

What is the gunshop embellishment?

8th graders talking about sex.

Talking-half correct information and mashing it into the same hamburger patty as correct information.

If the MFFA applies to suppressors, doesn't the act imply that at Montana could sell suppressors (an NFA item) within its borders without a tax stamp?

The FFA applied to suppressors, but not all of the NFA.

 

[SirRealism]

I knew what A gunshop embellishment was. I just didn't understand WHICH embellishment I had fallen prey to. Alles klar.

 

[ryknoll3]

8th graders talking about sex.

Talking-half correct information and mashing it into the same hamburger patty as correct information.




The FFA applied to suppressors, but not all of the NFA.

The FFA applied to all firearms, except that it specifically exempted MG's.

 

[Kirk Freeman]

The FFA applied to all firearms

It did not.

, except that it specifically exempted MG's.

Yes, the FFA did not apply to all firearms as it did not apply to fully automatic firearms and other NFA items such as DDs.

Thus, the FFA did not apply to all firearms.

 

[Expat]

Here is a question I have puzzled over Kirk. How does .gov have the ability to make marijuana illegal but they needed a Constitutional Amendment to make alcohol illegal?

Having read a veto memorandum issued by President James Madison on a bill passed by the Congress (I believe highways was the subject), I am quite certain he would disagree that the Commerce Clause would be applicable to an AWB.

 

[Kirk Freeman]

Here is a question I have puzzled over Kirk. How does .gov have the ability to make marijuana illegal but they needed a Constitutional Amendment to make alcohol illegal?

Just ask Owen, a switch in time saved nine.

 

[BravoMike]

they needed a Constitutional Amendment to make alcohol illegal?

I don't know if this helps answer your question but alcohol wasn't illegal during the prohibition. Its sale, distribution and production was.

Amendment 18​

Section. 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Sec. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Sec. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.