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The
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| Comment by:
PHORTO
(10/27/2017)
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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.
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| "Let us contemplate our forefathers, and posterity, and resolve to maintain the rights bequeathed to us from the former, for the sake of the latter. The necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance. Let us remember that `if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom.' It is a very serious consideration...that millions yet unborn may be the miserable sharers of the event." --Samuel Adams, speech in Boston, 1771 |
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