Washington Gun Law President, William Kirk, discusses a very innovative argument in the matter of Williams v. United States, yet another challenge to 18 USC Sec. 922(g)(1) the ban on felons possessing firearms. Today, we take a look at a crafty argument based upon the Commerce Clause and how, if accepted, could undo dozens of Federal gun laws. [Watch]
Good. That said, a review of text, history, and tradition of the Commerce Clause at the time of ratification would not have supported the expansion and usurpation of unintended powers to allow the feds to get their hooks into citizen disaramament, treasonous subsequent stare decisis saying they could notwithstanding.
And raising Tenth Amendment arguments isn’t exactly “new”:
Also, it’s helpful to keep in mind that the MFFA and its clones are really a states’ rights exercise, a challenge to federal commerce clause power on Tenth Amendment and other grounds. It is more about federal power than firearms.
[Via Jess]