Posted on 05/06/2009 7:24:33 AM PDT by tcrlaf
at the time, I made the follwing comment:
"As the court explains, tomatoes which are grown at home and possessed for personal use are never more than an instant from the interstate market and this is so whether or not the possession is for nutritional use or lawful use under the laws of a particular state."
I simply substituted tomotoes for marijuana.
I can EASILY see this being used to stike down that law.
Further - it was not the State of California which was sued by the feds - it was an individual. This will be the case again here.
I'm born and raised in Miami and we have one hell of a gun friendly state. Witness that we were the first of the states to pass SHALL ISSUE ccw permits and this led the ccw revolution. I know that Alabama and Washington State get into a snit over this saying they had shall issue laws way before Florida, but nonetheless, ours is the legislation that is used as a template for other states currently. Florida led the way in amending Castle Doctrine laws to extend to outside the home, to preclude prosecution by overzealous prosecutors politically motivated and to prevent the estates of dead perps from suing the law abiding in civil court. I admit that Charlie leaves a lot to be desired, but we have a pretty rock solid legislature and it could always be worse.
And make no mistake about it, THIS is the reason the gun-grabbers made them illegal and want to keep them illegal -- has nothing to do with crime prevention (effective silencers are so easy to make out of common items available at any hardware store, that anyone who wants to murder somebody quietly with a gun, will have no obstacle to doing so). The object is to make it as hard as possible for people to practice shooting, and few people will do it, and to give anti-gun neighbors an avenue for legally stopping people from practicing shooting on a simple "nuisance" or "disturbing the peace" basis, avoiding any pesky constitutional issues.
Tennessee has very similar legislation in its current session and just passed resturant concealed carry out of a conferance committee. Ronny Barrett is pushing it.
- Frank Zappa (Over-Nite Sensation - 1973)
10th amendment.
Let Obama eat $h!t and bark at the moon.
let him do something about it and millions of partriots will fill states that will secede.
Also helps if the projectile is subsonic.
Feds define manufacture as 80% completion of the receiver.
Many people build their own handguns and rifles from cast or forged receiver blanks that don’t have all the holes drilled and tapped.
They take it over the 80% (I have no idea how the BATFE would figure that out), so they’re considered the manufacturer.
Even importers of receivers, like Springfield Armory, import the unfinished receivers (Brazil) and finish the work in the US.
bttt
the fascinating (and unspoken) part of it is....the Governor of Montana is a DEMOCRAT! This showdown will look like the last ten minutes of Enemy of the State....
It might be a good time for certain investors to either establish or relocate a gun manufacturing facility to Montana. Gun-friendly laws, create jobs, local market, perhaps get some tax breaks, etc.
Here ya go.
Also helps if the projectile is subsonic.
Stewart prevailed in the 9th Circuit - just one step below SCOTUS - going so far as to affirm that a convicted felon could make and own home-made machineguns, based solidly on the 2nd Amendment. The case was appealed to SCOTUS, which without discussion remanded the case for review in light of Raich (note that SCOTUS did not reverse Stewart, it just said Raich had to be taken into account).
Raich ruled that any action reducing demand in an illegal interstate market fit application of the Commerce Clause. This, of course, is absurd and must be revisited - what better revisiting than a state demanding independence of intra-state activity exercising a Constitutionally-protected right? Presumably Montana, as a state, can argue better and with more weight than a terminally ill grandmother growing a half-dozen plants for personal use.
Understanding these cases is indeed important. Doing so facilitates understanding the way to success; doing so does/should NOT be grounds for giving up.
I don't think so. Democrats are crooked, corrupt, dirty low down snakes, and that is a Democrat in Montana remember. I guess we'll see soon enough.
while we have some of the best gun laws in the country here in FL we do not think for one minute that this Gov Crist would do anything like this
Cool. And the Governor there is a Democrat! :)
“only has the power to control commerce across state lines”
So how come when I go down the street to my doctor they control medical care - that I never cross state lines with?
is that a real poncho...i mean
Is that a mexican poncho
Or is that a sears poncho?
Hmmm...no foolin
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