WSJ: Gun control and the Constitution

[Garden12]

I thought this is a very good article by two lawyers from the Reagan and GWB administration. Explains to the fudds, a lot of them read the Wall Street Journal, the second amendment.

They were explaining how unconstitutionally having insurance for a gun would be:

The courts, however, are no more likely to allow government to undermine the Second Amendment than to undermine the First. A state cannot circumvent the right to a free press by requiring that an unfriendly newspaper carry millions in libel insurance or pay a thousand-dollar tax on barrels of ink—the real motive, in either case, would be transparent and the regulation struck down.

David Rivkin and Andrew Grossman: Gun Control and the Constitution - WSJ.com

 

[bch1988]

It's just a tax. Claim that and anything magically becomes constitutional these days.

 

[seth72]

I happen to think that the courts are as likely to allow the government to undermine the 2nd, as they are to allow them to undermine the 4th. And, that happens all the time.

 

[Rob Boudrie]

The courts, however, are no more likely to allow government to undermine the Second Amendment than to undermine the First.

I wish this were true, but history says otherwise.

A federal court in NY ruled that the $350-$1000 fees for a NYC pistol permit are "reasonable" and that it is not unconstitutional to charge to exercise the 2nd amendment.

 

[glockstar]

Someone needs to hit the RESET button!

 

[Irish]

Great read, thank you for sharing

 

[Rider]

It was a good read, but note that it only points out that all these things are unconstitutional. It doesn't mean that states like MA won't just plug along and institute them anyway.

It's easier to take your rights away and make you fight to get them back than it is to simply respect your rights.

WSJ is probably the only paper that would even print that.

 

[Alex9661]

Constitution? Is it that obsolete thing that dead white dudes wrote like a thousand years ago?

 

[HuntMaine]

Next step in gun ban push after 99% of rifles are targeted for banning.
http://www.nationalreview.com/corne...ear-we-also-need-look-handguns-andrew-johnson

When will these idiots realize is the culture and people of the area not the guns! !

 

[DrDavid]

Great read. The liberal machine is still quite determined to use the courts against the people a la Obamacare.

 

[DrDavid]

Next step in gun ban push after 99% of rifles are targeted for banning.
http://www.nationalreview.com/corne...ear-we-also-need-look-handguns-andrew-johnson

When will these idiots realize is the culture and people of the area not the guns! !

Any stats as to how many of those Chicago gun deaths were lawfully possessed firearms? And what an embarrassment for Barry's old stomping grounds.

 

[TimMcG74]

Constitution? Is it that obsolete thing that racist dead white dudes wrote like a thousand years ago?

FIFY

 

[Glockster30]

It's just a tax. Claim that and anything magically becomes constitutional these days.

Exactly right, which is how the 1934 National Fireams Act was passed. Every legal owner passing ownership of a machine gun to another legal owner pays a $200 (tax) to the US Treasury Dept. It also applied to manufacturers for each machine gun made.

Another example is the recent decision by SCOTUS calling Obamacare a tax.

 

[Rob Boudrie]

Exactly right, which is how the 1934 National Fireams Act was passed. Every legal owner passing ownership of a machine gun to another legal owner pays a $200 (tax) to the US Treasury Dept. It also applied to manufacturers for each machine gun made.

Another example is the recent decision by SCOTUS calling Obamacare a tax.

It was "obvious" back then that congress could not ban machine guns, hence the tax. Even so, there was a one-time fee free registration period.

 

[willbdavis]

A federal court in NY

I think this is the crux. Courts in NY are no more reliable than the 9th circuit when it comes to correctly applyng the constitution. SCOTUS might be different.

 

[Hoover]

I read this earlier today. A very good piece.