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Reform in Tennessee
Via Instapundit comes this report from Rustmeister's Alehouse. I found the ban on microstamped guns and ammo interesting. Normally, of course, it makes sense to manufacture stuff to the specs of the tightest (large) State, so it can be sold anywhere. But if some States ban the same, then the equation changes.
Comments
Hopefully that would lead arms and ammo manufacturers to not sell their product in states requiring microstamping.
Posted by: Rustmeister at March 11, 2009 08:13 PM
There's a good thread on this at Volokh Conspiracy: http://volokh.com/posts/1236798215.shtml
Posted by: George Mocsary at March 12, 2009 08:42 AM
If I were an ammunition manufacturer, and CA required microstamping but TN banned it, I would be looking for ways to sue CA, arguing that the conflict between CA and TN law interferes with interstate commerce; that Congress has by a series of statutes expressed its will regarding the serializing of guns with regard to interstate commerce; that the CA law interferes with the unified national plan for interstate commerce as enacted by Congress; and that the CA law could be considered preempted by Congress without treading on a reserved power. Conversely, the TN cannot be preempted without treading on a reserved power.
Congress could pretty clearly preempt CA from requiring microstamping, as an interference with interstate commerce, if Congress doesn't want microstamping. Just like Congress can preempt CA's stricter car emissions regulations as an interference with a federally-regulated plan.
Congress might mandate microstamping, in which case TN's law would still not preempted, but would have the effect of banning all ammunition in TN. But in no scenario is TN's ban of microstamped ammunition preempted, I think.
Posted by: jnheath at March 12, 2009 02:04 PM