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« Two die in Indiana swordfight | Main | Mayor Bloomberg pays for Virginia campaign ads »

Thoughts on a Heller v. DC exception

Posted by David Hardy · 14 April 2009 09:12 AM

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.

· Heller aftermath

2 Comments | Leave a comment

Letalis Maximus, Esq. | April 14, 2009 10:51 AM | Reply

After Raich is there actually a Commerce Clause distinction between "commercial" and "individual" with respect to sales or transfers of anything?

fwb | April 15, 2009 10:40 AM | Reply

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.

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