Posted on Feb 12, 2015
SGT Jim Z.
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A federal court in Tex overturned a 1968 gun law prohibiting the sale of handguns to out-of-state residents.

http://www.washingtontimes.com/news/2015/feb/11/federal-court-rules-residency-requirements-pistol-/?page=all#pagebreak
Posted in these groups: Dd389bad Gun ControlImgres Law
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Sgt Jason West
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It's about time, but somehow I feel it will get overturned before it is all said and done.

After all, I always thought that "shall not be infringed" line was pretty clear. Too bad our government doesn't agree.
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
10 y
Keep in mind that the 2nd Amendment doesn't exist in a vacuum. It exists with the 5th, and the 4th. The 5th has the Due Process clause.

Our 2nd Amendment Protections are pretty clear, however there is a difference between Regulation & Infringement.

The State Residency requirement for Handgun purchases "skirts" that line. With the exception of DC, it is not an Infringement, as purchasing a handgun in your state of residency is not unreasonable. (For military personnel, that includes states you have been PCS'd to or your Home of Record).

I don't personally agree with the requirement. I think it's unnecessary, however it does fall under the Commerce Clause (Interstate Commerce is a power of the Legislative), which makes it Constitutional.
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Sgt Jason West
Sgt Jason West
10 y
I don't agree, but I understand where you are coming from. The residency clause does more than skirt the line.

The Interstate Commerce Clause is the most used and abused clause in Constitution. When viewed as it was in the past, everything under the sun could be regulated under this clause. Now, in United States V Lopez the SCOTUS cleary deined the roles of Congress under the Interstate Commerce Act as
"First, Congress may regulate the use of the channels of interstate commerce;
Second, Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in Interstate Commerce, even though the threat may come only from intrastate activities;
Finally, Congress's commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce (i.e., those activities that substantially affect interstate commerce)."

If I am in a state, regardless of my residency, I am conducting business in that state alone. To say that Congress does have such power goes back to the premise that under the clause Congress has power to regulate each and every aspect of your life because it all somehow impacts something that may cross state lines.
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