Gun-Free School Zones Act of 1990

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The only reason it passed the Supreme Court challenge was because they added wording to include " "has moved in or otherwise affects interstate commerce" thus falling under the Commerce Clause in the US constitution. So hypothetically speaking, if the firearm was made in the state you reside in, it would not fall under the supremacy clause. If it doesn't fall under the clause, would then then you not be obligated to abide by Gun-Free School Zone act?
 
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The only reason it passed the Supreme Court challenge was because they added wording to include " "has moved in or otherwise affects interstate commerce" thus falling under the Commerce Clause in the US constitution. So hypothetically speaking, if the firearm was made in the state you reside in, it would not fall under the supremacy clause. If it doesn't fall under the clause, would then then you not be obligated to abide by Gun-Free School Zone act?

a. They have claimed that even "opportunity cost" can cause something to have "affected interstate commerce" (growing your own wheat would mean that you buy less interstate wheat for example).
b. It is guns we are talking about here, logic, reason, letter of the law don't matter - this issue of "intra-state" firearms exemption is being tested with the various states who have declared as such.
 

ToddDubya

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"Or otherwise affects" sounds awfully open ended. If Kahr has interstate shipping agreements, does that count?

I'd rather not be the test case for that one.


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"Or otherwise affects" sounds awfully open ended. If Kahr has interstate shipping agreements, does that count?

I'd rather not be the test case for that one.
Yeah, if you think you are going to raise this defense and walk out unscathed, you've lost your mind. It is an academic argument already under way in the courts via "gun sovereignty" laws passed in various states (that make claim to domestically produced/sourced firearms as immune from Federal regulation).

When I say, "you have lost your mind", it is not because you don't raise a valid point. It is a reflection of the anti-gun dogmatic view of the system, particularly in MA. This won't be changed easily and changing laws isn't enough... There is a "culture problem" here.
 
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The only reason it passed the Supreme Court challenge was because they added wording to include " "has moved in or otherwise affects interstate commerce" thus falling under the Commerce Clause in the US constitution. So hypothetically speaking, if the firearm was made in the state you reside in, it would not fall under the supremacy clause. If it doesn't fall under the clause, would then then you not be obligated to abide by Gun-Free School Zone act?

ONLY if you can prove that it came from mfr -> distie -> dealer -> you ALL within the same state. Easy for the Feds to prove, not so easy for you or I. Most gun distributors that LGS use in the New England area are NOT in MA and I'm unaware of ANY distie in RI!
 
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ONLY if you can prove that it came from mfr -> distie -> dealer -> you ALL within the same state. Easy for the Feds to prove, not so easy for you or I. Most gun distributors that LGS use in the New England area are NOT in MA and I'm unaware of ANY distie in RI!
See my prior post - even this would not be 100% guarantee based on prior rulings from my understanding.

http://en.wikipedia.org/wiki/Wickard_v._Filburn

Wikipedia said:
Filburn was ordered to destroy[citation needed] his crops and pay a fine, even though he was producing the excess wheat for his own use and had no intention of selling it.

Reason and logic need not apply - we are talking about the law here.
 
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ONLY if you can prove that it came from mfr -> distie -> dealer -> you ALL within the same state. Easy for the Feds to prove, not so easy for you or I. Most gun distributors that LGS use in the New England area are NOT in MA and I'm unaware of ANY distie in RI!

Its worse than that, is the metal used in the gun entirely sourced from the state the gun was made in? No? Then the Feds have declared that they have control over that gun.

And even worse than that, the feds have said that they still have control over it even if the raw materials and assembly were sourced in state because that affects interstate commerce.

The SCOTUS case is Wickard v. Filburn and it is among the absolute worst rulings in this country's history IMHO.

http://en.wikipedia.org/wiki/Wickard_v._Filburn
 
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But grammatically speaking, "has moved inor otherwise affects interstate commerce" is separated by or, not an and. Thus you would have to fall under one stipulation and not both. By stating that you made the firearm in state, would be exempt from it?
 

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Soloman nailed it. I recall that iron ore issue before too. Bottom line is that there is no way to win this battle short of killing the law itself.
 
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But grammatically speaking, "has moved inor otherwise affects interstate commerce" is separated by or, not an and. Thus you would have to fall under one stipulation and not both. By stating that you made the firearm in state, would be exempt from it?

No. Look at the wheat example (the actual case). The wheat was produced entirely inside his home state. The seed of the wheat was likely not even bought on the market. Therefore the wheat was sourced entirely instate. The Feds still ruled that even though he made it himself and for his own personal consumption (not selling the excess), that they still had control over it because by producing his own, he wouldn't be buying it on the open market, therefore affecting interstate commerce.
 

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The Commerce Clause is by far the most abused section of the Constitution by the control freaks on the left.
 
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It is kind of a funny discussion as one of the first cases since Wickard to stop the Commerce Clause was actually dealing with gun free zones in Lopez which necessitated this rewrite. I think people still do not understand Lopez and how powerful of a decision it is. I am foggy if the rewrite ever went to the SCOUS or if they declined cert as I know several circuits have upheld it.
 
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The only reason it passed the Supreme Court challenge was because they added wording to include " "has moved in or otherwise affects interstate commerce" thus falling under the Commerce Clause in the US constitution.

The GFSZA of 1990 did not survive the Supreme court challenge; SCOTUS ruled it unconstitutional, the first time they've rejected a Commerce Clause claim.

The ammended GFSZA of 1995 has not been challenged at the Supreme Court. The feds know it would also probably be struck down, so they're very very careful to only use it as an add-on charge to encourage plea deals.
 
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But if that gun free zone is possibly violated, shelter in place! I got a reverse 911 this morning at work about Tyngsboro public schools I think for yesterday went into lockdown because someone heard gunshots nearby that turned out to be hunters in nearby conservation land.
 
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