Does 2A protect right to sell firearms?

[Regen]

The second amendment states that "the right of the People to keep and bear arms shall not be infringed."

What protects the right to sell arms?

What protects the right to re-sell arms?

I assume that the federal government can preempt the states from doing this since it can be seen as restrain of interstate trade. But does the second amendment provide any protection for the People to sell arms? Is this implied since you can't keep them if you can't get them?

 

[Lupinus]

Well how am I to keep arms if no one can sell me one?

 

[LawBot5000]

There are very few things that can be legally possessed and not sold. Human organs for example. For us to forbid such a transaction, there must be very compelling public policy reasons.

Reasons why there should be a right to sell firearms:
-because it is legal to possess them and inefficient and burdensome to require all people to make their own
-most problematic sales of firearms take place on the black market where any such restriction would have no effect
-unlike human organs, there is no moral concern about poor people selling their firearms as a source of income- the seller doesnt necessarily die and he can always buy new firearms if he later decides he needs a gun more than he needs the money.

But this is really a property law problem, not a RKBA problem.

 

[lance22]

What if it were the 1st Amendment

The "freedom of speech" guarantees an online pornographer the right to a router, firewall, ISP et all. What do you think the ACLU would say if a pornographer were denied the right to purchase and use any of these things?

Perhaps those who are more scholarly than I could tell me if Thomas Jefferson or George Washington had to buy or sell their private arms through an FFL ...

Now, I don't want to go to jail so I make sure all my paperwork is in good order, but we need to be clear that from the beginning, it was not so.

 

[Lupinus]

I come preequiped with organs, not firearms.

 

[SWMAN]

"... the right to keep and bear arms, shall not be infringed." Banning the manufacture and sale of arms would seem to be an infringement to keeping and bearing arms.

 

[shield20]

The 2nd does protect one from govt infringement on buying/keeping arms, other articles deal with selling, private property, etc..


Life, Liberty and pursuit of happiness and property are considered unalienable.

Blessings of Liberty...

Some of the liberties are listed in the Constitution and the Declaration: speech; assembly; innocent until proven guilty; speedy trial by jury; own and freely use property; travel at will; worship at will; justice; patents and copyright; representative government; governed with the consent of the governed; free press; keep and bear arms; secure in person, house, papers, and effects; no double jeopardy; due process; freely elect representatives; etc. Plus, per the Bill of Rights, other freedoms not specifically proscribed.


Congress has the power: To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; {ONLY}

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. * {A14 prohibits this power to the states also, so it falls to the people}

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

*Amendment XIV:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

 

[Robert J McElwain]

To paraphrase what Shield just said, the Second Amendment does not protect the right to manufacture or sell arms, but the various Commerce laws in the Constitution and elsewhere do.

And just recently, Congress passed a law reaffirming the right to manufacture without being sued if the product is misused or used illegally.

Bob

 

[ConstitutionCowboy]

There are very few things that can be legally possessed and not sold. Human organs for example. For us to forbid such a transaction, there must be very compelling public policy reasons.

No matter the reason, the power to prohibit the sale of something has to be granted by the people, to whatever government, in the constitution forming that government. This "compelling public policy" thing.... is it anything like the "compelling government interest" thing that faded out of vogue a year or three ago?

To paraphrase what Shield just said, the Second Amendment does not protect the right to manufacture or sell arms, but the various Commerce laws in the Constitution and elsewhere do.

Ah, but here we run into the Supreme Courts' amendment to the Constitution where it added "limit" and "prohibit" to the meaning of "regulate". So, using the Commerce Clause to limit or prohibit the manufacture and/or sale of arms - which the government is doing - is the use of an unconstitutional redefinition of a word, and a blatant usurpation of power.

Our Right to Keep and Bear Arms has been attacked on many fronts, my brothers and sisters. It seems that every misconstrual, every usurpation of power is bent to that end.

Woody

"I swear to protect the Right to Keep and Bear Arms, but I am not trigger-happy. I am merely prepared and determined in its defense. It's a comfortable place to be. I don't suffer doubt." B.E.Wood

 

[El Tejon]

Yes, of course, just as the First protects the right to sell books.