Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Clint Williams
“Once yes, but no longer. In fact we deny gun possession to ex-felons let out of prison (I think this is only since 1968, just 40 years ago, and will note that it matters not the crime — not that anybody on FR will think this a bad thing) and people who live in the “wrong” locales. And in order to buy a gun one has to jump through ever-increasing hoops.”

Actually, the Gun Control Act of 1968 did not prohibit felons from possessing guns. It only prohibited felons from purchasing guns from a federally licensed dealer. There is a big difference. In US v Lopez, 1995, the Supreme Court ruled that mere possession of a gun is not under federal jurisdiction, because it is not interstate commerce.

That has not stopped the feds from passing laws that make possession of a gun by someone who committed an act of domestic violence, but it should not hold up to a Supreme Court test.

Most States have laws prohibiting possession by felons, however.

4 posted on 05/24/2008 6:38:02 AM PDT by marktwain
[ Post Reply | Private Reply | To 3 | View Replies ]


To: marktwain
Most States have laws prohibiting possession by felons, however.

Interesting. Out of curiousity, are there any that don't?

7 posted on 05/24/2008 7:04:50 AM PDT by sionnsar (trad-anglican.faithweb.com |Iran Azadi| 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | UN: Useless Nations)
[ Post Reply | Private Reply | To 4 | View Replies ]

To: marktwain
Most States have laws prohibiting possession by felons, however.

Per the Thirteenth Amendment, I would suggest that states have the right to impose almost any restriction whatsoever on convicted felons as part of sentencing. That does not imply the right to change such restrictions retroactively.

Per the "Full Faith and Credit Clause", the federal government would be authorized to pass measures to make one state's prohibition against a convicted felon's acquisition of arms applicable in other states, if it could do so without interfering with law abiding persons' right to keep and bear arms. I'm not sure exactly what form such a law would take, but it could, for example, provide that no person shall supply arms to anyone wearing some particular style of anklet. States could then require convicted felons to wear tracking anklets for the duration of the prohibition on bearing arms.

Note that such a federal law would not be restricted to interstate sales (since it would be based upon FF&C rather than Interstate Commerce), but would only be applicable in situations where disarmament was an explicit part of sentencing. Further, its legitimacy would be predicated upon the fact that observing whether a person is wearing an anklet does not take any significant time or impose any expense, nor does it provide the government with information to which it is not entitled. Other measures like background checks etc. impose hassles and expense, and give the government information to which it is not entitled, and thus are not legitimate.

18 posted on 05/24/2008 7:25:04 PM PDT by supercat
[ Post Reply | Private Reply | To 4 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson