Guns and entry to your house

Discussion in 'The Constitutional & RKBA Forum' started by walien, Sep 30, 2009.

  1. Alpo

    Alpo Well-Known Member

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    It boils down to this.

    US Constitution, Article 1, Section 8:
    >Section 8 - Powers of Congress

    The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

    To borrow money on the credit of the United States;

    To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;<

    Congress has the power to regulate interstate commerce. If the gun sold in Kentucky is crossing state lines (Georgia resident buying a gun), that is interstate commerce. If the gun was made in a different state (Colt in Conn., Kimber in NY, etc) that is interstate commerce. So Congress makes the gun laws. Kentucky may say that a guy from Georgia can go up there and buy a pistol, but Congress says, "No he can't", and Congress has the authority, in this case. This isn't a "state's rights" thing, either. States Rights arguments come from Article 10, which says, "Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note

    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."

    But that power has been given to the US by the Constitution.

    So, yes, you've got it right. Federal law says different, and this Federal law overrules Kaintuck.
  2. Alpo

    Alpo Well-Known Member

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    Well, actually, no. The 2nd states that I have the right to carry a gun. But if I am carrying that gun with the intent of knocking over a liquor store, or murdering a couple of people, then I am not carrying it for a lawful purpose. I am carrying it, specifically to commit a crime, and that would be an unlawful purpose. I'm not carrying the gun illegally, but I am carrying it for an unlawful purpose.

    Ain't the English language, as it am spoke here, fun? :D
  3. johnlives4christ

    johnlives4christ Former Guest

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    thanks for clearing that up for me alpo

    do you know any federal restrictions on open carry?

    i know my states concealed carry restrictions, but im unsure of the federal concealed carry restrictions. could you help me with either of these?

    ~john
  4. Hardballer

    Hardballer New Member

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    Smack dab in da middle

    Hmmmmm. . . what I meant to say but did not fully delineate when I remarked "any" kind of carry, was in fact a reference to the kind of firearm and it's location on one's person. The idea that the "carry" would; in fact, be in a legal manner was, I thought obvious from the previous comments but I can see that I was wrong.

    I personally believe; and would, if my bank account allowed for it, test this belief in court, that carry is legal in all buildings, federal or not, because of the 2A, the 9A and the 10A. I think the 2A is not changeable, morphable, or living. It is succinct and to the point. Immutable. Intransigent.

    I, personally, do not believe that the 2A can be legislated. Period.
  5. Alpo

    Alpo Well-Known Member

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    I agree, completely. If, as you say, my pockets were deep enough to high fancy legal talent, I would carry openly (which is illegal in Florida), walk into the police station, the federal courthouse and the airport. 'Cause the 2nd Amendment says that my right to carry a gun cannot have any limitations put on it.

    I don't have several million dollars for that legal fight, though.
  6. Alpo

    Alpo Well-Known Member

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    To my knowledge, there are none, and if there were it seems they would be unconstitutional.

    Remember the double nickel? Nationwide speed limit. That was not a Federal law, even though it was a Federal law. Feds did not have the power to make that law, so they blackmailed all the states. Any state that did not pass a 55 max speed limit would not get Federal Highway Funds. That worked so well that when Congress decided that 18 was too young to drink they blackmailed the states (or would that be extortion?) the same way, to raise the age back to 21. Then they used that again to get nationwide seat-belt laws.

    They did that because it was a law they wanted but did not have the power to enact. A Federal law on open carry could only be legal on Federal property. Congress has no power to make a law like that on state property.
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