Attacking magazine and gun laws via commerce clause

[IlikeSA]

Do you think that the commerce clause of the US Constitution could be used to nullify laws prohibiting the "import" of certain firearms or firearms parts to different states?

The clause states that Congress has the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." If this is so, can Colorado, NY, California, Hawaii, and others, say that you cannot import certain firearms related items or certain firearms in general?

If one looks at the reason our framers wrote the clause, it was to prevent tariffs and exclusion of trade between one state and another, which was an issue prior to the Constitution. In our modern times, certain states are unilaterally excluding trade in a variety of items, but weapons in particular, from one state to another. For example, Colorado prohibits the import of magazines that hold greater than 15 rounds. By excluding the import, are they not violating both the commerce clause and the supremacy clause?

 

[vamo]

No. States can make whatever items they wish illegal within their own borders, unless there is a specific federal law allowing the item nation wide.

Many here including myself would argue the 2nd amendment is such a law (actually more than that part of the constitution), but the courts have not seen it that way.

 

[IlikeSA]

They may make them illegal to own or possess, but they cannot ban their import without violating the commerce clause. The states delegated to Congress the right to regulate interstate and international commerce.

If one looks at Ogden vs. Gibbons, the final conclusion of that case, as related to this topic, is that commerce cannot stop at the boundary of the state, but may be introduced to the interior. In other words, commerce cannot be stopped from entering any state.

In US vs. Lopez, the Commerce Clause was defined as historically limiting a states ability to create legislation that stopped interstate commerce. The movement of firearm parts and magazines is effectively blocked by these state laws, necessitating in a hardship for the transport industry, blocking commerce.

 

[Jim K]

I know of no state or locality that has banned any imports of firearms. Those laws generally ban a certain type of gun as defined by its action type or "features", but I know of none that base a ban on whether the gun was made in the U.S. or in another nation.

Jim

 

[JRH6856]

The movement of firearm parts and magazines is effectively blocked by these state laws, necessitating in a hardship for the transport industry, blocking commerce.

Which states have laws blocking commercial transport of these items?

I don't recall any case which gives Congress the exclusive power to regulate commerce. Congress has plenary power which means that federal law always prevails without question, in any conflict with state law, but in the absence of conflicting federal law, states may still regulate internal commerce. States can and do block the entry of goods deemed harmful to the state. Diseased agricultural products are often banned or quarantined. California has long had its own emission standards for internal combustion engines. Federal law in this area sets minimum standards which states can't nulify or reduce, but fedral law allows states to exceed those standards and some do.

Absent a federal law prohibiting states from any regulations, I don't think this goes anywhere. I concur with vamo that the 2A clearly appears to do this, and should make firearms immune from all commerce regulations, state and federal.