Court Rules KS Exempting Guns From
Federal Regulations Doesn't Work

By Tom Knighton. October 17th, 2018

The state of Kansas tried something a while back. It was a law that basically stated that if a gun is manufactured and used in the state, without ever crossing state lines, it is exempt from federal gun control laws. It wasn't that out of left-field, either.

In the Supreme Court case of Gonzales v. Raich, the Court found that Congress could criminalize the production of marijuana under their authority in the Commerce Clause. It's a gross oversimplification, but part of the reasoning appeared to be that cannabis could easily be transported over state lines and since it wasn't serialized or anything, there was little that could be done to make sure it stayed in states where it was legal.

Kansas and a small handful of other states decided to pass laws that basically said that guns made in the state, and guns that stayed in the state, could be exempt from federal regulations. Since guns can be serialized and marked as being made in those states, the argument was that this should bypass the Commerce Clause. .......

The broad interpretation of the Commerce Clause is essentially what makes the Fed control so possible and irksome. Of course even if that was ever to be changed such that the Second Amendment became out of the clutches at the Federal level there are still those states that will continue to all but trash the 2A. Maybe one day it might at least be possible to dream of no ATF!

"You don't have to be Jewish to fight by our side."
You just have to love freedom.

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