Posted on 10/19/2016 12:44:25 PM PDT by Elderberry
This last Section only sets the penalties.
On April 29, 2015, Massey filed his First Supplement to Motion to Dismiss Indictment. The culmination of research into the wording of 18 US Code § 922(g)(1) led him to conclude that the wording of the statute complies, at least to some degree, with the authority granted to the government by the Constitution. That authority has to do with the Commerce Clause, providing powers with regard to interstate and foreign commerce. Since then, Massey has referred to this as the Has/Had argument.
Though much simplified on the First Supplement to Motion we can begin to understand just what Massey was telling the Court. The pertinent part of the Motion:
18 U.S.C. § 922 (g)(1), with the pertinent phrase being, to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. The word has, as opposed to the word had was used in the statute. Has is the third person singular, present indicative, verb meaning active in the action just completed, where had is past tense and participle of the verb have, meaning in a previous situation. So, if one were the direct recipient, then the word has would be appropriate. However, if it were expansive, intended to include any firearm shipped in interstate commerce, then had would be the proper verb. The use of had would have meant to include any and all that had been so transported any time prior.
In a Motions Hearing, on March 30, 2015, Masseys attorney, Louis Sorola, argued the Motion to Dismiss the Indictment:
Your Honor, because the motion to dismiss the indictment is first based on the claim that 18 USC 922(g)(1) is unconstitutional and that it goes beyond the authority granted to Congress in the commerce clause.
(Excerpt) Read more at canadafreepress.com ...
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