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The Below Comments Relate to this Newslink:

Senators Introduce Background Check Expansion Act To Reduce Gun Violence
 Submitted by: Mark A. Taff
 Website: http://www.marktaff.com

There is 1 comment on this story
Post Comments | Read Comments
 
U.S. Senators Tom Udall and Martin Heinrich are original cosponsors of the Background Check Expansion Act to expand federal background checks to the sale or transfer of all firearms by private sellers, with certain reasonable exceptions. Under current law, unlicensed or private sellers are not required to conduct a background check prior to transferring a firearm. The bill was introduced yesterday by U.S. Senator Chris Murphy (D-Conn.).
 
Comment by: PHORTO (10/27/2017)
There is no constitutionally delegated power for this law. The authority to mandate background checks at retail issues from the commerce clause. Firearms dealers are thus federally licensed, and can be regulated. The mandate is on the licensee, not on the purchaser. Private transfers are not commerce, the sellers are not subject to being federally licensed, and there is no section of the Constitution that delegates the power to regulate them.

Period.
 
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A state may not impose a charge for the enjoyment of a right granted by the federal constitution... The power to impose a license tax on the exercise of these freedoms is indeed as potent as the power of censorship which this Court has repeatedly struck down... a person cannot be compelled 'to purchase, through a license fee or a license tax, the privilege freely granted by the constitution.' —MURDOCK V. PENNSYLVANIA 319 US 105 (1942)

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