Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > National 2nd Amend. Political & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 03-11-2021, 8:15 AM
USMCmatt's Avatar
USMCmatt USMCmatt is offline
Senior Member
 
Join Date: Jan 2015
Posts: 774
iTrader: 3 / 100%
Default First gun control passage of Biden admin: H.R. 8

Quote:
House votes on gun control bills expanding background checks

The Bipartisan Background Checks Act of 2021, H.R. 8, passed with a vote of 227 to 203, with eight Republicans joining almost all Democrats in voting for the bill. Introduced by Democratic Congressman Mike Thompson, H.R. 8 would establish background check requirements for gun sales between private parties, prohibiting transfers unless a licensed gun dealer, manufacturer or importer first takes possession of the firearm to conduct a background check.
https://www.cbsnews.com/news/gun-con...ay-2021-03-11/

It won't be too long until my escape to Utah for a number of reasons, but their gun laws being a strong reason to move here, won't matter anymore as the US mirrors CA gun laws.

The national gun registry just got one step closer...
__________________
Greater love hath no man than this, that a man lay down his life for his friends. John 15:13
______________________________________
USMC OEF Veteran
Reply With Quote
  #2  
Old 03-11-2021, 8:37 AM
Dan_Eastvale's Avatar
Dan_Eastvale Dan_Eastvale is offline
Calguns Addict
 
Join Date: Apr 2013
Location: West Jordan, Utah
Posts: 7,308
iTrader: 0 / 0%
Default

We can thank all those idiot "patriots" that rioted and broke into Congress during a crucial vote on Jan 6. It wasn't over until then.

Last edited by Dan_Eastvale; 03-11-2021 at 8:52 AM..
Reply With Quote
  #3  
Old 03-11-2021, 8:57 AM
USMCmatt's Avatar
USMCmatt USMCmatt is offline
Senior Member
 
Join Date: Jan 2015
Posts: 774
iTrader: 3 / 100%
Default

Quote:
Originally Posted by Dan_Eastvale View Post
We can thank all those idiot "patriots" that rioted and broke into Congress during a crucial vote on Jan 6. It wasn't over until then.
Oh yeah, I still think there was some level of orchestration there. But I have zero evidence other than a feeling.
__________________
Greater love hath no man than this, that a man lay down his life for his friends. John 15:13
______________________________________
USMC OEF Veteran
Reply With Quote
  #4  
Old 03-11-2021, 9:11 AM
dogrunner dogrunner is offline
Member
 
Join Date: Jun 2013
Location: E/Central Fl
Posts: 269
iTrader: 0 / 0%
Default

Betcha a cold one that it will not get by the Senate!

Too, those eight aren't Republicans anyway.
Reply With Quote
  #5  
Old 03-11-2021, 9:23 AM
M1A Rifleman's Avatar
M1A Rifleman M1A Rifleman is offline
Veteran Member
 
Join Date: Oct 2005
Posts: 2,969
iTrader: 4 / 100%
Default

Quote:
Originally Posted by dogrunner View Post
Betcha a cold one that it will not get by the Senate!
Lets hope
__________________
The only thing that is worse than an idiot, is someone who argues with one.
Reply With Quote
  #6  
Old 03-11-2021, 9:34 AM
effbeeeye effbeeeye is offline
Member
 
Join Date: Jan 2012
Posts: 104
iTrader: 4 / 100%
Default

Here's the full text...

https://www.congress.gov/bill/117th-...se-bill/8/text
Reply With Quote
  #7  
Old 03-11-2021, 9:41 AM
CAL.BAR CAL.BAR is offline
CGSSA OC Chapter Leader
 
Join Date: Nov 2007
Location: South OC
Posts: 5,625
iTrader: 11 / 100%
Default

You do realize that even IF this gets through the Senate, this doesn't change our life here in CA in ANY way, right? We have the exact same transfer restrictions in place and have for many years.
Reply With Quote
  #8  
Old 03-11-2021, 9:48 AM
superdave50 superdave50 is offline
Senior Member
 
Join Date: Feb 2017
Location: Central valley
Posts: 813
iTrader: 3 / 100%
Default

Quote:
Originally Posted by CAL.BAR View Post
You do realize that even IF this gets through the Senate, this doesn't change our life here in CA in ANY way, right? We have the exact same transfer restrictions in place and have for many years.
Yeah, let's screw the rest of the country!

They don't deserve liberty and freedom either...

Reply With Quote
  #9  
Old 03-11-2021, 9:52 AM
Milsurp1's Avatar
Milsurp1 Milsurp1 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2016
Location: Not in California
Posts: 3,098
iTrader: 32 / 100%
Default

It does change your life in CA. Gunsmith returns and C&R long gun transfers cannot go to the transferee without an 01 FFL transferring as if it was from the dealer’s inventory. You can bet that the Cal DoJ will argue that this means tax and DROS.
Reply With Quote
  #10  
Old 03-11-2021, 9:55 AM
Milsurp1's Avatar
Milsurp1 Milsurp1 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2016
Location: Not in California
Posts: 3,098
iTrader: 32 / 100%
Default

The response to the Cal DoJ argument will be that it requires the FFL dealer to comply with “all requirements of this chapter” and state tax and DROS are not “of this chapter” which is a federal chapter.
Reply With Quote
  #11  
Old 03-11-2021, 9:56 AM
Den60's Avatar
Den60 Den60 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jul 2016
Location: San Diego
Posts: 2,504
iTrader: 0 / 0%
Default

Quote:
Originally Posted by CAL.BAR View Post
You do realize that even IF this gets through the Senate, this doesn't change our life here in CA in ANY way, right? We have the exact same transfer restrictions in place and have for many years.
Really? It doesn't change things here is Kalifornia? Thanks for educating me.

Just because we have stupid politicians who make stupid laws to restrict our God given rights doesn't mean the feds should have the right to dictate gun laws to free states.
__________________


Mojave Lever Crew Member

"It is time for us to do what we have been doing and that time is every day. Every day it is time for us to agree that there are things and tools that are available to us to slow this thing down." - Kamala "Heels Up" Harris

Slava Ukraini (Слава Україні)
Reply With Quote
  #12  
Old 03-11-2021, 9:59 AM
Yugo's Avatar
Yugo Yugo is offline
Calguns Addict
 
Join Date: Feb 2011
Location: San Fernando Valley
Posts: 8,318
iTrader: 51 / 98%
Default

tagged
__________________


Quote:
Originally Posted by WAMO556 View Post
Voting for Donald Trump is the protest vote against: Keynesian economics, Neocon wars, exporting jobs, open borders, Washington criminal cartel, too big to fail banks and too big to jail pols and banksters.

Cutting off foreign aid to EVERY country and dismantling the police/surveillance state!

Umm yeah!!!!!
Quote:
Originally Posted by ivanimal View Post
I think this thread needs a rest…..
Reply With Quote
  #13  
Old 03-11-2021, 10:40 AM
jtake jtake is offline
Member
 
Join Date: Feb 2011
Location: SF Bay Area
Posts: 367
iTrader: 16 / 100%
Default

I don't see an exception for 03 FFL to 03 FFL transfer. The bill states that:

It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t)

The law, as written, basically says unless you are a licensed manufacturer, dealer or importer, you need to have one of those three licensed entities run a background check on the person who is getting the firearm.

It does not require background checks for 07 to 03 FFL transfers, but does for any 03 to non-07 (dealer/manuf/importers) transfers. Also, non-FFL to 03 FFL transfers of collectors firearms will also need to go through an 07 type (dealer/manuf/importer) for a background check on the 03 FFL.

Last edited by jtake; 03-11-2021 at 10:50 AM.. Reason: Added non-FFL to 03 FFL transfer
Reply With Quote
  #14  
Old 03-11-2021, 10:47 AM
SmokeTheClay SmokeTheClay is offline
Senior Member
 
Join Date: Aug 2015
Posts: 855
iTrader: 1 / 100%
Default

Quote:
Originally Posted by superdave50 View Post
Yeah, let's screw the rest of the country!

They don't deserve liberty and freedom either...

Maybe it'll wake them up
Reply With Quote
  #15  
Old 03-11-2021, 10:48 AM
Milsurp1's Avatar
Milsurp1 Milsurp1 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2016
Location: Not in California
Posts: 3,098
iTrader: 32 / 100%
Default

Actually this amendment should not affect gunsmith returns compared to current law if the gunsmith is a licensed dealer or licensed manufacturer.
Reply With Quote
  #16  
Old 03-11-2021, 10:57 AM
General General is offline
Senior Member
 
Join Date: Mar 2012
Location: Born on the Sacramento River. Raised by an a Alligator, sired by a Lion. Backbone o' barbed wire!!
Posts: 1,985
iTrader: 36 / 100%
Default

It's going to create a massive black market.
Reply With Quote
  #17  
Old 03-11-2021, 11:01 AM
M76's Avatar
M76 M76 is offline
Git-R-Done
CGN Contributor
 
Join Date: Apr 2014
Location: Git-R-Done City
Posts: 5,152
iTrader: 102 / 100%
Default

me: the 0bola admin was the absolute worst in American history....

xiden admin: "hold my beer"
__________________
Quote:
Originally Posted by dunndeal View Post
Stop digging.
Quote:
Originally Posted by BrassCase View Post
I only buy fireworks from Three Finger Willie over at One Eyed Jack's Fireworks.
iTrader

https://www.calguns.net/calgunforum/....php?t=1884858
Reply With Quote
  #18  
Old 03-11-2021, 11:07 AM
librarian72 librarian72 is offline
Member
 
Join Date: Jan 2017
Posts: 153
iTrader: 4 / 100%
Default

Quote:
Originally Posted by CAL.BAR View Post
You do realize that even IF this gets through the Senate, this doesn't change our life here in CA in ANY way, right? We have the exact same transfer restrictions in place and have for many years.
False. It means no escaping.
__________________
Quote:
Originally Posted by Librarian View Post
US Circuit Courts of Appeal have no deadlines; they work on what they want, when they want. The 9th also seems sometimes to Make Stuff Up in their opinions.
Reply With Quote
  #19  
Old 03-11-2021, 11:17 AM
OCEquestrian's Avatar
OCEquestrian OCEquestrian is offline
Calguns Addict
 
Join Date: Jun 2017
Location: Orange County, CA
Posts: 6,407
iTrader: 20 / 100%
Default

If every gun owner in the country voted Republican, Biden/Harris and the rest would not be in Washington...put the blame where it belongs; DEMOCRAT VOTING GUN OWNERS ARE TRAITORS TO THE 2A and TRAITORS TO THE CONSTIUTION. Until they are held accountable by their peers, expect nothing to change in the future.

Quote:
Originally Posted by CAL.BAR View Post
You do realize that even IF this gets through the Senate, this doesn't change our life here in CA in ANY way, right? We have the exact same transfer restrictions in place and have for many years.
Did you vote Biden in November? Any other democrats in any of the past ten election cycles?
__________________
"Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue." ----Sen. Barry Goldwater

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." ----Benjamin Franklin

NRA life member
SAF life member
CRPA member

Last edited by OCEquestrian; 03-11-2021 at 11:19 AM..
Reply With Quote
  #20  
Old 03-11-2021, 11:21 AM
LongLiveTheRepublic's Avatar
LongLiveTheRepublic LongLiveTheRepublic is offline
Senior Member
 
Join Date: Aug 2018
Location: Commiefornia
Posts: 626
iTrader: 11 / 100%
Default

Doesn't change commiefornia. But now the rest of the nation can experience commiefornia's laws.
Reply With Quote
  #21  
Old 03-11-2021, 11:30 AM
Bhobbs Bhobbs is offline
I need a LIFE!!
 
Join Date: Feb 2009
Location: Chino CA
Posts: 11,791
iTrader: 3 / 100%
Default

Quote:
Originally Posted by Dan_Eastvale View Post
We can thank all those idiot "patriots" that rioted and broke into Congress during a crucial vote on Jan 6. It wasn't over until then.
The election was over well before the vote. Anything else was delusional garbage being peddled by people that refused to see what was happening.
Reply With Quote
  #22  
Old 03-11-2021, 11:38 AM
OCEquestrian's Avatar
OCEquestrian OCEquestrian is offline
Calguns Addict
 
Join Date: Jun 2017
Location: Orange County, CA
Posts: 6,407
iTrader: 20 / 100%
Default

Quote:
Originally Posted by Dan_Eastvale View Post
We can thank all those idiot "patriots" that rioted and broke into Congress during a crucial vote on Jan 6. It wasn't over until then.
You mean all those "useful triggered idiots" who rioted and broke into Congress while it was in session, thereby serving democrats and their long term anti 2A agenda and other progressive goals of the left?

Talk about "shooting ourselves in the foot"...
__________________
"Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue." ----Sen. Barry Goldwater

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." ----Benjamin Franklin

NRA life member
SAF life member
CRPA member
Reply With Quote
  #23  
Old 03-11-2021, 12:29 PM
Ugly Hombre Ugly Hombre is offline
Senior Member
 
Join Date: Jul 2014
Location: Banned from O.T. Territory.
Posts: 1,191
iTrader: 0 / 0%
Default

"If every gun owner in the country voted Republican, Biden/Harris and the rest would not be in Washington...put the blame where it belongs; DEMOCRAT VOTING GUN OWNERS ARE TRAITORS TO THE 2A and TRAITORS TO THE CONSTIUTION. Until they are held accountable by their peers, expect nothing to change in the future."

+100 you can also give credit to the Trump haters who did not vote cause Trump hurt their feelings.

How you like Mao now??

It had nothing to do with Jan 6th 2021- the Neo Communist Democrats want to disarm Americas except perhaps their criminal voter base gangsters, antifa, BLM etc. They do not give a damn about crime or the law- they only care about power, money, and destroying the traditional America that they hate..

If they cared about crime- John Sullivan the suspected false flag Antifa BLM operator who was in the capital building dressed as a Trump fan- right next to Air Force veteran Ashli Babbit egging her on it seems when she was shot in the face on Jan. 6th would be in jail not sprung from jail by Democrat enablers and out on the street.

They had plans in place to shed the Constitution and the second in place prior to the "election" of Joe Biden. Long before, they stated so in print.

Its possible imo that their were other Antifa/BLM agitators in the crowd besides Sullivan controlled by the Neo Bolsheviks whose mission was to manufacture a crisis for them to use- but make no mistake they would have done it anyway.

Last edited by Ugly Hombre; 03-11-2021 at 12:42 PM..
Reply With Quote
  #24  
Old 03-11-2021, 12:31 PM
SharedShots SharedShots is offline
Senior Member
 
Join Date: Feb 2021
Posts: 2,277
iTrader: 1 / 100%
Default

Quote:
Originally Posted by CAL.BAR View Post
You do realize that even IF this gets through the Senate, this doesn't change our life here in CA in ANY way, right? We have the exact same transfer restrictions in place and have for many years.
Do you think California will be content to remain on par with any national law and not increase restrictions to become yet again "the leader"?
__________________
Let Go of the Status Quo!

Don't worry, it will never pass...How in the hell did that pass?

Think past your gun, it's the last resort, the first is your brain.

Defense is a losing proposition when time is on the side of the opponent. In the history of humanity, no defense has ever won against an enemy with time on their side.
Reply With Quote
  #25  
Old 03-11-2021, 12:42 PM
wpage's Avatar
wpage wpage is offline
Calguns Addict
 
Join Date: Jan 2011
Posts: 6,047
iTrader: 8 / 100%
Default WOW

False flags make lies become truth...
Quote:
Originally Posted by Ugly Hombre View Post
"If every gun owner in the country voted Republican, Biden/Harris and the rest would not be in Washington...put the blame where it belongs; DEMOCRAT VOTING GUN OWNERS ARE TRAITORS TO THE 2A and TRAITORS TO THE CONSTIUTION. Until they are held accountable by their peers, expect nothing to change in the future."

+100 you can also give credit to the Trump haters who did not vote cause Trump hurt their feelings.

How you like Mao now??

It had nothing to do with Jan 6th 2021- the Neo Communist Democrats want to disarm Americas except perhaps their criminal voter base gangsters, antifa, BLM etc. They do not give a damn about crime or the law- they only care about power, money, and destroying the traditional America that they hate..

If they cared about crime- John Sullivan the false flag Antifa BLM operator who was in the capital building dressed as a Trump fan- right next to Air Force veteran Ashli Babbit egging her on it seems when she was shot in the face on Jan. 6th would be in jail not sprung from jail by Democrat enablers and out on the street.

They had plans in place to shed the Constitution and the second in place prior to the "election" of Joe Biden. Long before, they stated so in print.
__________________
God so loved the world He gave His only Son... Believe in Him and have everlasting life.
John 3:16

NRA,,, Lifer

United Air Epic Fail Video ...

https://www.youtube.com/watch?v=u99Q7pNAjvg
Reply With Quote
  #26  
Old 03-11-2021, 12:47 PM
Den60's Avatar
Den60 Den60 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jul 2016
Location: San Diego
Posts: 2,504
iTrader: 0 / 0%
Default

Quote:
Originally Posted by SharedShots View Post
Do you think California will be content to remain on par with any national law and not increase restrictions to become yet again "the leader"?
I did some editing of your "wordy" statement.
__________________


Mojave Lever Crew Member

"It is time for us to do what we have been doing and that time is every day. Every day it is time for us to agree that there are things and tools that are available to us to slow this thing down." - Kamala "Heels Up" Harris

Slava Ukraini (Слава Україні)
Reply With Quote
  #27  
Old 03-11-2021, 12:47 PM
nedro nedro is offline
Veteran Member
 
Join Date: Nov 2014
Location: Campbell
Posts: 4,125
iTrader: 11 / 100%
Default

Quote:
Originally Posted by Milsurp1 View Post
It does change your life in CA. Gunsmith returns and C&R long gun transfers cannot go to the transferee without an 01 FFL transferring as if it was from the dealer’s inventory. You can bet that the Cal DoJ will argue that this means tax and DROS.
You guys are missuing a huge point.
If the ffl takes possession on the firearm before the DROS, off roster sales are OVER!
Reply With Quote
  #28  
Old 03-11-2021, 2:28 PM
Oxnard_Montalvo's Avatar
Oxnard_Montalvo Oxnard_Montalvo is offline
Senior Member
 
Join Date: Aug 2014
Location: NorCal
Posts: 1,061
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Dan_Eastvale View Post
We can thank all those idiot "patriots" that rioted and broke into Congress during a crucial vote on Jan 6. It wasn't over until then.
Seriously? What do you mean by 'over'? Are you trying to say that if the Jan. 6th incident did NOT happen that the Democrats would be trying to implement a more 'kinder, gentler' version of what they are now going to do, not just in regard to firearms but across the board? For that to be true you'd also have to believe that virtually every anti firearm statement they [Robert Francis O'Rourke et al] have made were just empty political hot air meant to rile up their base and that they had no intention of following up on those ideas if/when they could. This is fantasy of the highest order ever since they first uttered the phrase 'resist at ALL costs'. No, it was as you say 'over' LONG before President Trump came down that escalator and what they are planning is the logical extension of what they've been doing for DECADES, all the way back to and even probably past the GCA of 1968, with notable 'high water' marks like the Feinstein bills regarding 'assault weapons'. Also throw in the Democrats now have the so called radical 'progressives' who are FAR more 'politically reliable' than past 'liberal' representatives who the Democrats can count on for support irregardless of what their constituents want/think.
Reply With Quote
  #29  
Old 03-11-2021, 2:40 PM
OCEquestrian's Avatar
OCEquestrian OCEquestrian is offline
Calguns Addict
 
Join Date: Jun 2017
Location: Orange County, CA
Posts: 6,407
iTrader: 20 / 100%
Default

Quote:
Originally Posted by Oxnard_Montalvo View Post
Seriously? What do you mean by 'over'? Are you trying to say that if the Jan. 6th incident did NOT happen that the Democrats would be trying to implement a more 'kinder, gentler' version of what they are now going to do, not just in regard to firearms but across the board? For that to be true you'd also have to believe that virtually every anti firearm statement they [Robert Francis O'Rourke et al] have made were just empty political hot air meant to rile up their base and that they had no intention of following up on those ideas if/when they could. This is fantasy of the highest order ever since they first uttered the phrase 'resist at ALL costs'. No, it was as you say 'over' LONG before President Trump came down that escalator and what they are planning is the logical extension of what they've been doing for DECADES, all the way back to and even probably past the GCA of 1968, with notable 'high water' marks like the Feinstein bills regarding 'assault weapons'. Also throw in the Democrats now have the so called radical 'progressives' who are FAR more 'politically reliable' than past 'liberal' representatives who the Democrats can count on for support irregardless of what their constituents want/think.

- News flash: Gun owners are a MINORITY in the United States, a constitutional republic where majorities rule.

- The morons who illegally trespassed on the US Capitol on Jan 6 gave the democrats, their progressive minions and the media all the ammunition they need to "go BIG" in the war on the 2A!

- Perception is REALITY in the real politic and the democrats, just like the communists they admire, control the perception of reality because they control the news media!

yes.. the MORONS, without adult supervision, handed the democrat's a HUGE Public Relations victory that will be used against us / 2A / Constitution for decades!
__________________
"Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue." ----Sen. Barry Goldwater

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." ----Benjamin Franklin

NRA life member
SAF life member
CRPA member
Reply With Quote
  #30  
Old 03-11-2021, 2:40 PM
keepitlow keepitlow is offline
Member
 
Join Date: Oct 2010
Location: Born in L.A.-NYC is 2nd home-Rustbelt is home base
Posts: 385
iTrader: 0 / 0%
Default

Biden has been moving slow on guns. But does not matter, we know the dems end game is complete disarmament.
Reply With Quote
  #31  
Old 03-11-2021, 5:36 PM
-hanko's Avatar
-hanko -hanko is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jul 2002
Location: Bay Area & SW Idaho
Posts: 14,176
iTrader: 12 / 100%
Thumbs down

Quote:
Originally Posted by SmokeTheClay View Post
Maybe it'll wake them up
Some are already awake. Read Idaho's Constitution comments on weapons as an example..


Quote:
Originally Posted by General View Post
It's going to create a massive black market.
California already has a massive black market. Check the last 2 AW registrations and see how many weapons were actually registered...DOJ says less than 10%.
__________________
True wealth is time. Time to enjoy life.

Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

A man's soul can be judged by the way he treats his dog. Charles Doran
Reply With Quote
  #32  
Old 03-11-2021, 8:13 PM
elSquid's Avatar
elSquid elSquid is offline
In Memoriam
 
Join Date: Aug 2007
Location: Left coast.
Posts: 11,844
iTrader: 6 / 100%
Default

It'll be interesting to watch this play out. SCOTUS generally defers to the Feds when there is a clear instance of a law affecting interstate commerce.

The interesting aspect is that a purely "in state" Federal gun law was shot down by SCOTUS in US v Lopez.

https://www.oyez.org/cases/1994/93-1260



Facts of the case

Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release.
Question

Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?

Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.


Interstate gun sales already require FFL involvement.

Intrastate gun sales do involve commerce, but not the interstate kind.

https://en.wikipedia.org/wiki/Wickard_v._Filburn complicates things, but used gun purchases are not purchases of new guns, new guns are already controlled, used gun purchases are overwhelmingly local, and interstate used gun purchases already go through FFLs due to existing law.

Could a decent lawyer "swiss cheese" this new law, if it were to pass?

: shrug :

-- Michael
Reply With Quote
  #33  
Old 03-11-2021, 8:40 PM
C.G.'s Avatar
C.G. C.G. is offline
Calguns Addict
 
Join Date: Oct 2005
Location: Central Coast
Posts: 8,010
iTrader: 20 / 100%
Default

Quote:
Originally Posted by Dan_Eastvale View Post
We can thank all those idiot "patriots" that rioted and broke into Congress during a crucial vote on Jan 6. It wasn't over until then.
It would have happened, regardless, it was part of Dems agenda way before Jan 6. I guess you didn't follow the Dems pre-election promises.
__________________
Reply With Quote
  #34  
Old 03-11-2021, 9:08 PM
tenemae's Avatar
tenemae tenemae is offline
code Monkey
CGN Contributor - Lifetime
 
Join Date: Jun 2010
Location: A burned-out Best Buy
Posts: 1,675
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Dan_Eastvale View Post
We can thank all those idiot "patriots" that rioted and broke into Congress during a crucial vote on Jan 6. It wasn't over until then.
Democrats need no scapegoat to pass gun control. All they need is majority control. This bill was written before the election. The only thing that could have stopped its passage was the reelection of DJT
Reply With Quote
  #35  
Old 03-11-2021, 9:36 PM
sakosf sakosf is offline
Senior Member
 
Join Date: Apr 2011
Location: lost in the wilderness
Posts: 1,528
iTrader: 4 / 100%
Default

Quote:
Originally Posted by tenemae View Post
Democrats need no scapegoat to pass gun control. All they need is majority control. This bill was written before the election. The only thing that could have stopped its passage was the reelection of DJT
or not losing those two GA Senate seats
Reply With Quote
  #36  
Old 03-11-2021, 10:17 PM
pacrat pacrat is offline
I need a LIFE!!
 
Join Date: May 2014
Location: Socialist Republic of SoCal
Posts: 10,220
iTrader: 11 / 100%
Default

As expected Retard Joe is in office less than 2 months. And Demrat Mike Thompson from SF North Bay. {Pukelosi's backyard}

Introduces legislation to CALIFORNICATE the entire nation.

As long as citizens are willing to sell their personal freedoms and constitutional protections to the Party of Vote Demrat Get Free Ch!t. This is the expected outcome.

Reply With Quote
  #37  
Old 03-11-2021, 11:21 PM
pacrat pacrat is offline
I need a LIFE!!
 
Join Date: May 2014
Location: Socialist Republic of SoCal
Posts: 10,220
iTrader: 11 / 100%
Angry ANTI 2a RINO LIST

https://www.msn.com/en-us/news/polit...ns/ar-BB1euuNF

Quote:
Here are the Republican members that voted in favor of the bill:

Rep. Vern Buchanan (Fla.)

Rep. Brian Fitzpatrick (Pa.)

Rep. Andrew Garbarino (N.Y.)

Rep. Carlos Gimenez (Fla.)

Rep. Adam Kinzinger (Ill.)

Rep. Maria Salazar (Fla.)

Rep. Chris Smith (N.J.)

Rep. Fred Upton (Mich.)

Upton, Smith and Fitzpatrick co-sponsored the legislation, which faces an uphill battle in the upper chamber.
SONSABEOTCHES
Reply With Quote
  #38  
Old 03-12-2021, 3:25 PM
IVC's Avatar
IVC IVC is offline
I need a LIFE!!
 
Join Date: Jul 2010
Location: Temecula
Posts: 17,587
iTrader: 3 / 100%
Default

OMG, OMG, OMG - the House passed a gun control bill - OMG, OMG, OMG.

This bill is going nowhere, so can we just chill and relax? Filibuster in the Senate prevents passage of any bill except the reconciliation, and D-s have just used it up for Covid bailout. If they kill filibuster, and they can't because not everyone is onboard, they will get pro-gun bills rammed down their throats the next congress, much like we got *three* justices confirmed recently, including replacing RBG with ACB.

Can we at least analyze the situation rationally and not panic?
__________________
NRA Benefactor Member
Reply With Quote
  #39  
Old 03-12-2021, 8:46 PM
Foulball's Avatar
Foulball Foulball is offline
It smells in here...
CGN Contributor
 
Join Date: Jan 2009
Location: Anaheim
Posts: 2,827
iTrader: 1 / 100%
Default

Quote:
Originally Posted by CAL.BAR View Post
You do realize that even IF this gets through the Senate, this doesn't change our life here in CA in ANY way, right? We have the exact same transfer restrictions in place and have for many years.
Quote:
Originally Posted by superdave50 View Post
Yeah, let's screw the rest of the country!

They don't deserve liberty and freedom either...

Quote:
Originally Posted by Den60 View Post
Really? It doesn't change things here is Kalifornia? Thanks for educating me.

Just because we have stupid politicians who make stupid laws to restrict our God given rights doesn't mean the feds should have the right to dictate gun laws to free states.
Quote:
Originally Posted by librarian72 View Post
False. It means no escaping.
Quote:
Originally Posted by OCEquestrian View Post
If every gun owner in the country voted Republican, Biden/Harris and the rest would not be in Washington...put the blame where it belongs; DEMOCRAT VOTING GUN OWNERS ARE TRAITORS TO THE 2A and TRAITORS TO THE CONSTIUTION. Until they are held accountable by their peers, expect nothing to change in the future. Did you vote Biden in November? Any other democrats in any of the past ten election cycles?
OC, yes they did vote for Biden. You haven't been paying attention to their posts if you have any question about that. CAL.BAR has no problem screwing over the rest of the states or promoting even more gun control as long as they get theirs. They will sell their soul to screw us all over.
__________________
Perhaps the irony of § 32310 escapes notice....With Colonists still hurting from the wounds of war, the Second Amendment guaranteed the rights of new American citizens to protect themselves from oppressors foreign and domestic. So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State. - Judge Roger T. Benitez
Reply With Quote
  #40  
Old 03-13-2021, 1:03 AM
Nvberinger Nvberinger is offline
Senior Member
 
Join Date: May 2018
Posts: 730
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Dan_Eastvale View Post
We can thank all those idiot "patriots" that rioted and broke into Congress during a crucial vote on Jan 6. It wasn't over until then.
Well as a result they put the fear into Rashida like no one else could.


.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 5:39 PM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy