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Old 02-09-2008, 2:01 PM
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Quote:
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 state isn't doing that - it's the Feds which require that only a FFL holder may receive an interstate transfer. That means the sale is
  • Texas-owner to California-FFL, then, in a new sale,
  • California-FFL to California buyer
and California certainly, with the current state of the law, can regulate what its state-licensed FFLs can sell.

Federal law 18 USC 922 (a)(3) and (a)(5) have been posted on Calguns a bunch of times, or look it up for yourself.
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