Gun ban lawsuits

[Cobia]

What do you think the merits are of states with assault gun bans suing the Federal Govt for allowing the nationwide gun ban to lapse?

[Fescue4u]

1. Sounds frivilous but

I havent heard about this so take that with a big grain of salt.

Gotta link?. Id like read more.

[Cobia]

3. No just an idea I had

n/t

[Fescue4u]

7. Ah I see

I dunno, I cant see how NOT passing a law could be the basis for a lawsuit, but nothing would suprise me.

[OpSomBlood]

2. There is nothing stopping the states from passing their own bans.

The AWB should never have been a federal law to begin with.

[goju]

4. Nationwide gun ban?

Im assuming you mean the AWB?

I dont think it would have merit since the AWB had a built-in self destruct date that made its sunset all but inevitable, unless congress acted to renew it ;)

[slackmaster]

5. Suit wouldn't get very far

If the states were to challenge the federal government's power to write such a law they'd run head-on into the separation of powers.

The federal government justified the AW ban based on its power to regulate interstate commerce. It has the power to write laws that concern interstate commerce, it has the power to repeal them, and it has the power to write a law that goes away automatically.

I doubt that the Supreme Court would grant cert to such a suit.

[-..__...]

10. Except....

that the Federal AWB makes no mention of "interstate commerce"; it defines an "assault weapon", and places prohibitons on "manufacture" and/or "possession".

As an example.

"SWITCHBLADE LEGACY

by Bernard Levine (c)1990
published in KNIFE WORLD August 1990
http://www.knife-expert.com/


AUGUST 12, 1958, a date that has faded into obscurity, the
Congress of the United States enacted Public Law 85-623, an
"act to prohibit the introduction, or manufacture for
introduction, into interstate commerce of switchblade knives,
and for other purposes," and sent it on to President
Eisenhower for his signature. Under this act, "The term
'switchblade knife' meant any knife having a blade which
opens automatically --
(1) by hand pressure applied to a button or other device in
the handle of the knife, or
(2) by operation of inertia, gravity, or both."
The maximum penalty for each violation of this law was a
$2,000 fine and five years in jail.

It is not within the constitutional authority of the United
States to ban manufacture or possession of a class of item,
although the individual states have almost unlimited
authority to do so. What the federal government may do,
according to Article I, Section VIII, Clause 3 of the
Constitution, is "To regulate commerce with foreign nations,
and among the several States, and with the Indian tribes."
Using the authority of this "Interstate Commerce" clause,
Congress did the very next thing to banning switchblade
knives."

http://pweb.netcom.com/~brlevine/swbl-leg.txt">More...

The whole article is pretty interesting; substitute "assault weapons" for "switchblades" (in fact, the author makes that comparison), and the argument for regulation isn't that much different than it is nowadays for "assault weapons"... particularly the demonization and fear based on the mis-use and behavior of the irresponsible few).

[Zynx]

6. Junk lawsuit

States are allowed to have more restrictive laws than the federal government. Several states have long banned all sorts of mail-order weaponry, which is sold legally through the Federal mail to other states. Try buying Chinese brass knuckles if you live in California.

The only issue between state and Federal laws is if the state starts to undercut a Federal law. For example, if a state, say Montana, passed a law saying the AWB did not apply in its borders. States cannot do this.

[-..__...]

8. You mean you don't know about the "brass knuckle" loophole?

http://www.terroristsupply.com/store/police/items/dept1/03.shtml

Brass Knuckle Paperweights

Item #SDS-PW100, Solid Brass

.
Authentic replica Brass Knuckle Paperweights, cast to the original size and weight of the infamous devices used in the good 'ole days to inflict unbelievable amounts of damage to the human body in a fight.

These rare paperweights have been painstakingly crafted by some of the most skilled brass workers to perfection. Weighing almost a half pound in solid brass, they are definitely a great conversation piece for the household coffee table or barroom wall.

Also available in ultra light weight Aluminum to make transporting your paperweight from one office to the next as easy as possible.

Must not be used as a weapon. Sold solely for use as a paperweight, any other use may violate federal, state and/or local laws in your jurisdiction. Check with local authorities before ordering this item to ensure it is legal to possess.

:evilgrin:

[Fescue4u]

9. haha

"Also available in ultra light weight Aluminum to make transporting your paperweight from one office to the next as easy as possible."

Gotta love that one.

[gatlingforme]

11. LOL