Gun Control through the Courts

[corplinx]

http://www.newsday.com/news/nationworld/wire/sns-ap-naacp-gun-lawsuit,0,6526469.story?coll=sns-ap-nationworld-headlines

From newsday (dont know much about the source). Basically the NAACP is sueing 80 different parties (handgun manufacturers). Instead of seeking monetary damages though, they are trying to get gun distribution controls in place.

Last I checked, it was the ATFs job.

 

[shanek]

Last I checked, alcohol was legal, tobacco was legal, and firearms were legal. So why the FSCK do we need a Bureau of Alcohol, Tobacco, and Firearms?

As far as the lawsuits, they're obviously frivolous. Of course, that doesn't mean they'll lose...

 

[corplinx]

Last I checked, alcohol was legal, tobacco was legal, and firearms were legal. So why the FSCK do we need a Bureau of Alcohol, Tobacco, and Firearms?

To regulate and enforce federal alcohol, tabacco, and firearms laws. For instance, if you want to become a gun dealer (FFL) you have to register with the ATF.

My guess is the NAACP lawsuit is trying to put the burden of enforcement on gun makers instead of the ATF. My guess is the problem is also because of "straw purchases". These are proxy purchases where a person who cannot legally own a gun pays someone who can to purchase them a firearm.

If I remember correctly, straw purchases are not allowed by the brady bill.

 

[Tony]

If those black supremacists are successful in thier lawsuit, I think it would be safe to say that our court system has gone to hell.

 

[shanek]

To regulate and enforce federal alcohol, tabacco, and firearms laws.

And where does the Constitution give the Federal government the power to regulate these?

My guess is the problem is also because of "straw purchases". These are proxy purchases where a person who cannot legally own a gun pays someone who can to purchase them a firearm.

And this is the fault of the gun manufacturers, how?

 

[corplinx]

And where does the Constitution give the Federal government the power to regulate these?

Guns have become and interstate issue.

As for "And this is the fault of the gun manufacturers, how?", I agree. It isn't their fault.

 

[shanek]

Guns have become and interstate issue.

So what?

Oh, I suppose you're trying to dredge out the Commerce Clause again, huh? Then why not just say that?

Probably because it's easy to rebut. The Commerce Clause says that states cannot lay duties or other restrictions on goods and services provided by an out-of-state company; the Federal Government has jurisdiction there. That does not give the Feds the power to place restrictions on goods just because they happen to move from state to state. The Commerce Clause restricts state governments; it does not give the Feds the power to restrict private corporations and was never intended to, although it has been used as an excuse for doing exactly that.