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Old 02-07-2008, 1:52 AM
mymonkeyman mymonkeyman is offline
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Originally Posted by Bruce View Post
It would seem that SB15 regulates interstate commerce. Why is California allowed to get away with usurping a power that Constitutionally belongs to Congress? It would seem that if one buys a handgun from an out of state party for their own use, one would not be "importing for sale etc..". Further, if I buy a handgun from "X" in Texas, there is no "sale" in California.
The power to regulate commerce by Congress does not necessarily imply that states lack the power to regulate commerce. Given the Supreme Court's most recent interpretation of the commerce clause (i.e. the Feds can regulate almost anything), it would mean the states had almost no power. The only relevant limitation is the so-called dormant commerce clause which generally says that states cant' discriminate in commerce in favor of in-state entities/goods/services to the detriment of out-of-state entities/goods/services (subject to a myriad of broad exceptions).