hoffmang
05-19-2006, 11:21 PM
This is somewhat important as I want to draft a letter on the potential ammo ban and its Commerce Clause challenges.
So far, it looks like the only place that Federal Law would have addressed banning interstate commerce in ammo or delegating it to the states is 27CFR178.99 which state:
(b) Sales or deliveries to underaged persons.
A licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector shall not sell or deliver
(1) any firearm or ammunition to
any individual who the importer, manufacturer,
dealer, or collector knows or
has reasonable cause to believe is less
than 18 years of age, and, if the firearm,
or ammunition, is other than a
shotgun or rifle, or ammunition for a
shotgun or rifle, to any individual who
the importer, manufacturer, dealer, or
collector knows or has reasonable
cause to believe is less than 21 years of
age, or (2) any firearm to any person in
any State where the purchase or possession
by such person of such firearm
would be in violation of any State law
or any published ordinance applicable
at the place of sale, delivery, or other
disposition, unless the importer, manufacturer,
dealer, or collector knows or
has reasonable cause to believe that
the purchase or possession would not
be in violation of such State law or
such published ordinance.
There are other sections about the prohibited persons (felons, etc.) but I think if Congress had told licensed Ammo sellers to not sell to state dwellers whose states outlawed it, it would be there. Am I missing a section?
So far, it looks like the only place that Federal Law would have addressed banning interstate commerce in ammo or delegating it to the states is 27CFR178.99 which state:
(b) Sales or deliveries to underaged persons.
A licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector shall not sell or deliver
(1) any firearm or ammunition to
any individual who the importer, manufacturer,
dealer, or collector knows or
has reasonable cause to believe is less
than 18 years of age, and, if the firearm,
or ammunition, is other than a
shotgun or rifle, or ammunition for a
shotgun or rifle, to any individual who
the importer, manufacturer, dealer, or
collector knows or has reasonable
cause to believe is less than 21 years of
age, or (2) any firearm to any person in
any State where the purchase or possession
by such person of such firearm
would be in violation of any State law
or any published ordinance applicable
at the place of sale, delivery, or other
disposition, unless the importer, manufacturer,
dealer, or collector knows or
has reasonable cause to believe that
the purchase or possession would not
be in violation of such State law or
such published ordinance.
There are other sections about the prohibited persons (felons, etc.) but I think if Congress had told licensed Ammo sellers to not sell to state dwellers whose states outlawed it, it would be there. Am I missing a section?