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Thoughts on a Heller v. DC exception
Kurt Hoffman discusses attempts to bar private sales at gun shows.
What's esp interesting is a comment by reader Carl in Chicago. His point is that the Heller case is sometimes read to allow (or at least list as presumptively allowable) restrictions on sale and transfer. But Heller actually refers to imposing conditions "on the commercial sale of arms." A narrower qualification.
Comments
After Raich is there actually a Commerce Clause distinction between "commercial" and "individual" with respect to sales or transfers of anything?
Posted by: Letalis Maximus, Esq. at April 14, 2009 10:51 AM
It just "reasonable" restrictions!
Tiochfaidh ar la!
BTW, the commerce and tax clauses are overridden by Article 1, Section 9. AND the commerce clause applies only to things with which STATES, foreign Nations, and indian Tribes are involved. Activities of the People/companies are plainly absent from the Commerce clause's reach. It's an enumeration and "commerce among the People" is clearly not included in the enumeration.
Posted by: fwb at April 15, 2009 10:40 AM