Question on GC Act of 1968 & Interstate Commerce


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cliff355
July 15, 2004, 09:19 AM
Gents, I am no legal scholar but my reading of the Gun Control Act of 1968 suggests that certain firearms are prohibited only if they are received after having been shipped or transported in interstate commerce.

Therefore, my question is: If ownership of a firearm is established within the boundaries of the State in which it is manufactured, is the firearm subject to the Act? If not, does it become subject to the act if the owner then moves to another state?

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Henry Bowman
July 15, 2004, 10:25 AM
Your mistake is in the application of logic and reason.

Back in '68 (as well as in '34) Congress knew that they only had authority to regulate interstate or international commerce, even though they fully intended to regulate all such items. Since then, the US Supreme Court has held that milk and grain (as well as other things) produced and consumed within a single state, never crossing state lines, affects interstate commerce and can be regulated by Congress. The argument is that it affects the national market for these goods.

Currently, the courts are considering whether if a state says that medical marajuana grown and consumed within that state is legal, can the feds make its possession illegal. There is a complementary issue currently in the 9th Circuit regarding homemade machineguns. Given the Supreme's track record, the outcome is iffy. They will do as they please and follow the Constitution when it serves their purpose.

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