PDA

View Full Version : Violation of section 10 of constitution?


Pulsar
04-08-2005, 11:21 AM
Would california's ban on "AW's" and .50's be a violation of section 10 Clause two of the constitution?

Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

To me it seems like california is discriminating against states where firearms that are illegal in california are produced.

I'm sure it's been brought up before, but I'm just kind of curious.

Pulsar
04-08-2005, 11:21 AM
Would california's ban on "AW's" and .50's be a violation of section 10 Clause two of the constitution?

Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

To me it seems like california is discriminating against states where firearms that are illegal in california are produced.

I'm sure it's been brought up before, but I'm just kind of curious.

delloro
04-08-2005, 1:38 PM
there is no duty or impost in the AW ban

04-10-2005, 9:48 PM
How about Article 1, section 9, clause number 3:

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">No Bill of Attainder or ex post facto Law shall be passed. </div></BLOCKQUOTE>

How many ex post factos have we seen since the ratification of the U.S. Constitution?
How many specifically against gun owners here in California?

You don't have to dig very deep nor must you stretch very far to find violations of the Constitution in any direction.