And That No Man Might Buy or Sell…

Squire admitted that his firearm and ammunition were manufactured outside Louisiana. The question is whether that past movement permits Congress to regulate his present, entirely intrastate possession. [More]

We need a Bruen-type ruling recognizing the Constitution was ratified with the interstate powers in the Commerce Clause understood to be the way to keep states from imposing tariffs and embargoes on each other.

The metastasized monster it has become reflects when FDR’s power grab against the last vestiges of federalism. I find it intriguing that the polar flip in interpretation of the Constitution came about “because one justice, Owen Roberts, switched his vote. Ever since, historians have argued about why he did so.”

UPDATE

Mark W. Smith says there are bigger implications:

MASSIVE NEW DECISION FINALLY THREATENS NFA AND MACHINE GUN BAN!… the question presented really in the Squire case in the en banc court in front of the US Court of Appeals for the Fifth Circuit is whether or not Congress, created by Article One of the United States Constitution, has the legal authority to enact federal gun control law 18 USC 922G1 because the only potential connection to congressional authority found … is to this commerce clause.

[Via Jess]

We need a Bruen-type ruling on just about every federal law.

And Now, a Brief Commercial Message…

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]