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The problem with gun laws & state sovereignty

Posted by Brutus | Posted in Conservative Corner, second amendment | Posted on 06-06-2009


I think it’s great that Tennessee and Montana are reasserting their rights via new gun laws, but I can already see the problems.

For those not aware, the resolutions say some guns will be manufactured within the state and stamped “Made in [insert state].” Guns made within the state, purchased by residents, and remaining within the state will not be subjected to any federal laws.

By our Constitution, that’s how it should be. That is not how it will play out, however.

There is absolutely no doubt this will go to the Supreme Court. The Federal leviathan is unwilling to part with any of the rights it has stolen from the states and citizens.

When it gets there, the court will look at other previous bad law such as Wickard v. Filburn. In so doing, they will determine that weapons manufactured in Montana, sold in Montana, and remaining in Montana are a part of “interstate commerce.” The federal government will argue that even though the weapons do not cross lines, they might. And if they do, they might be sold to someone in Kansas. Therefore, there is a potential for interstate commerce. More than that, the government will argue that some parts likely came from another state, thereby making them a part of interstate commerce. Then, as its final argument, the government will state that even if the parts come from within the state, when a person in Montana purchases one of these weapons, it means he is not purchasing one made in Utah. Not purchasing a gun made in Utah affects interstate trade because the amount of weapons crossing the state line is diminished. Therefore, by reducing interstate trade by means of self-sufficiency, the state is engaging in interstate commerce.

The SCOTUS will decide in favor of the federal beast. My guess is it will be at least 7-2, possibly even 9-0.

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