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To: rktman

I am but a simple man, but I have a question based on the following:
1) Let us accept the 2nd Amendment as absolute..NO INFRINGEMENT
2) Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

My question from the above is where does the Federal government get any authority to regulate the possession of firearms by the citizens. What specific(or general)authority exists to regulate or ban possession of firearms or firearm types?

Perhaps you can stretch parts of the Preamble, “insure domestic Tranquility,.. promote the general Welfare” and say they give the authority, but I see that as a big stretch.
Being something close to a 2A absolutist, I just do not see that authority.
But again, I am just a common man.

P.S. Would not this regulation on braces be akin to an “Ex Post Facto” law and therefore unconstitutional?


35 posted on 06/18/2021 9:36:18 AM PDT by rustyboots
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To: rustyboots
"I am but a simple man, but I have a question based on the following: 1) Let us accept the 2nd Amendment as absolute..NO INFRINGEMENT 2) Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. My question from the above is where does the Federal government get any authority to regulate the possession of firearms by the citizens. What specific(or general)authority exists to regulate or ban possession of firearms or firearm types? Perhaps you can stretch parts of the Preamble, “insure domestic Tranquility,.. promote the general Welfare” and say they give the authority, but I see that as a big stretch. Being something close to a 2A absolutist, I just do not see that authority. But again, I am just a common man. P.S. Would not this regulation on braces be akin to an “Ex Post Facto” law and therefore unconstitutional?"

You are spot on. The federal government has no authority whatsoever to regulate firearms of ANY type.

This is why I take the position it's up to the states to stop this. Nullify ALL federal gun laws both past and present in the state. Make any attempt at enforcement illegal and punishable by jail time. It only takes one state to do this and like Constitutional carry it will spread to other states. This has always been the answer and should have been done a long time ago. Even very pro second amendment people have come to believe the NFA and GCA are valid laws, they are not and never have been. Even the federal government knew the NFA was unconstitutional back in 1934 when it was created. That's why the NFA is structured around a tax and based on interstate commerce. The feds know these laws are expressly forbidden by our Constitution. It's time states take action and shut this nonsense down for good.

43 posted on 06/18/2021 10:46:22 AM PDT by precisionshootist
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