JavaScript is disabled
Our website requires JavaScript to function properly. For a better experience, please enable JavaScript in your browser settings before proceeding.
Gun-rights activists ask Supreme Court to uphold 'Firearms Freedom Act
- Thread Starter U201491
- Start date
- Messages
- 1,948
- Reactions
- 3,072
mostly makes sense that an item manufactured in a state that does not leave the state should not fall under interstate commerce. I'm sure that the counter argument will include things like "was the metal made in the state? what about the ore the metal was made from - was it mined in the state? and other BS excuses.
- Thread Starter
- #3
I'm not aware of any credible 2A lawyers backing MSSA and the various Firearm Freedoms Acts. Nice idea, but legally the Commerce Clause battle was lost decades ago.
Everything I've read indicates that the FFA's are just a political stunt - politicians and AG's support them to show they are gun friendly, knowing that they have no chance of surviving a court challenge.
Everything I've read indicates that the FFA's are just a political stunt - politicians and AG's support them to show they are gun friendly, knowing that they have no chance of surviving a court challenge.
I believe the SAF is involved in this. Maybe you're saying they're not credible but they certainly have a lot of financial incentive to win.
In the article it says that scotus will decide whether or not to decide in 2014. Does anyone know once they've agreed to review it will they look right away or is there another big lag?
In the article it says that scotus will decide whether or not to decide in 2014. Does anyone know once they've agreed to review it will they look right away or is there another big lag?
SAF certainly have a financial incentive, as they always do, and no doubt this case will be good for SAF fundraising and Alan's direct mail businesses.
But IMHO it's bad legal strategy to pursue a weak case. SCOTUS would have to overturn at least three long standing Commerce Clause cases for the FFA to have effect. They have recently covered similar cases (e.g. Gonzales vs Raich, on medical marijuana). If SCOTUS even opens the door to states opting out of federal oversight in non-fungible goods, the effect will reach far beyond firearms into pretty much everything the Feds regulate that has a serial number (think cars, airplanes, ITAR items, medical devices, nuclear reactors etc etc). So it's very likely all of this effort will be a waste of time and money that could have pursued better 2A causes.
It's ironic too, because Montana has some fairly nasty anti-gun laws at the State level which this won't address.
Also, the original MSSA sponsored FFA legislation as passed in Montana has major flaws - it claims to permit manufacture of some NFA items for example, but disallows shotguns! Do you really think SCOTUS is going to allow Montana to bypass the NFA?
My bet is the SCOTUS doesn't even grant cert on the appeal. We won't find out til next year.
But IMHO it's bad legal strategy to pursue a weak case. SCOTUS would have to overturn at least three long standing Commerce Clause cases for the FFA to have effect. They have recently covered similar cases (e.g. Gonzales vs Raich, on medical marijuana). If SCOTUS even opens the door to states opting out of federal oversight in non-fungible goods, the effect will reach far beyond firearms into pretty much everything the Feds regulate that has a serial number (think cars, airplanes, ITAR items, medical devices, nuclear reactors etc etc). So it's very likely all of this effort will be a waste of time and money that could have pursued better 2A causes.
It's ironic too, because Montana has some fairly nasty anti-gun laws at the State level which this won't address.
Also, the original MSSA sponsored FFA legislation as passed in Montana has major flaws - it claims to permit manufacture of some NFA items for example, but disallows shotguns! Do you really think SCOTUS is going to allow Montana to bypass the NFA?
My bet is the SCOTUS doesn't even grant cert on the appeal. We won't find out til next year.
- Messages
- 37,261
- Reactions
- 128,566
8ball, you bring up some very valid points, but in this day of insanity and crazy things happening that defy all logic and reason... one just never knows what may actually "stick to the wall".
Similar threads
