The Supreme Court just struck down some puritanical state laws in Michigan and New York that prohibited people from buying wine directly from out-of-state wineries. Winos everywhere rejoice! (But if anyone orders Merlot, I'm leaving!) The Court said the three-tiered distribution system forced on out-of-state wineries discriminated against interstate commerce (in-state wineries are not subject to these burdens and can sell directly), in violation of the Commerce clause, Art. 1, sec. 8.
So can we sue California for the same thing with its "unsafe handgun" laws? How's it similar? Handguns not on the "approved list" cannot be imported for sale... unless if you move to California with one, and subsequently sell it "private party" (you still have to go through an FFL). So the State is forcing anyone who wants an evil, "unsafe" pistol to go through a very limited, in-state secondary market. I would say it's similarly discrimination against interstate commerce. And it will only get worse as the roster is slammed shut in 2007 to any new handgun without both a magazine disconnect and loaded chamber indicator.
So can we sue California for the same thing with its "unsafe handgun" laws? How's it similar? Handguns not on the "approved list" cannot be imported for sale... unless if you move to California with one, and subsequently sell it "private party" (you still have to go through an FFL). So the State is forcing anyone who wants an evil, "unsafe" pistol to go through a very limited, in-state secondary market. I would say it's similarly discrimination against interstate commerce. And it will only get worse as the roster is slammed shut in 2007 to any new handgun without both a magazine disconnect and loaded chamber indicator.