Rep. Steve Israel introduces his 'undetectable' gun and magazine ban
That would be the perpetually abused interstate commerce clause--the hands-down favorite choice of federal lawmakers who want to regulate something the Constitution of the United States gives them no power to regulate (any federal gun law, for example). "But," one might well ask, "if I print an AR-15 lower receiver and a dozen "Cuomo" mags in my home, and never sell them, and never take them beyond my state borders, what has that to do with interstate commerce?" That is indeed a good question, and in the significant number of states that have passed or are considering "Firearms Freedom Act" legislation, by which states deny federal power to regulate firearms and ammunition produced within the state, and kept within the state, it is an even better question.
7 comments:
Wickard v. Filburn, 317 U.S. 111 (1942
http://en.wikipedia.org/wiki/Wickard_v._Filburn
#1 - Haven't we heard part of this BS before when Glock first came out?
"Oh noes, the undetectable plastic pistol!! It will be able to slip thru airport security, metal gates and x-rays!!"
#2 - Plus, we've seen another part of this BS in Wickard vs Filburn (1942) where the SCOTUS declared that the FedGubbment through the Commerce Clause could regulate a farmer's (excess) crop growth, even though it was meant solely for his own on-farm consumption.
I don't know if these apply exactly to this current crop of Kongressional fertilizer, but it was the first things I thought of that matched this FedGubbment exercise in over-reach.
B Woodman
III-per
I'm curious as to what, having not yet read the bill, what he defines 'undetectable' as? ALL guns are detectable in metal detectors insofar as the barrel necessarily must be made from good steel! One COULD make a one-off zipgun, made entirely from resin, using carbon fiber to reinforce the barrel component. It could resemble something like the zipgun made by John Malkovich's character in "In The Line Of Fire", starring Clint Eastwood.
However, Backscatter x-ray machines (the harmful radiation-spewing ones that TSA prefers) can detect ANYTHING, so the whole notion of "undetectable" is moot, isn't it?!?
We all know that the point of Comrade Israel's little piece of tyranny is he doesn't want us proles to have the ability to lawfully own gun parts that the government can't control/tax/ban/seize for a lack of traceability! He's not fooling anyone with the use of a discredited 20-year old meme!
...Though he might succeed in fooling some MSNBC viewers, a few Dead Elephants, and the weenies at No Rights Allowed!
Got to be a Democrapper - imagine trying to legislate prohibition for something that is 'undetectable' and for which the production file can be carried around on a disc ..
ROFL!
III
" "But," one might well ask, "if I print an AR-15 lower receiver and a dozen "Cuomo" mags in my home, and never sell them, and never take them beyond my state's borders, what has that to do with interstate commerce?"
That is indeed a good question"
Unfortunately, the Supreme Court has already ruled that that sort of thing impacts interstate commerce when it held that a farmer who grew his own hay to feed his own livestock was part of interstate commerce. The twisted reasoning was that because he grew and used his own hay, he wasn't buying hay from elsewhere.
The lesson, as always, is that government always finds ways to give itself more control.
Polymer AR-15 stripped lower receivers are already commercially available.
The plastic used to print the guns would need to be produced in-state too. The Amish and their use of localally purchased Wahl hair clippers still got prosecuted by the Feds because the clippers had been made in another state, interstate commerce clause applied. 8 years in the federal lockup for cutting another's beard against their will. Hate crime too.
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