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  • bpSchoch

    Active Member
    Jan 16, 2009
    788
    Bethesda, MD
    The US Constitution Article I, Section 8 states:

    "Congress shall have power to exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States; and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."​

    And the US Constitution Article I, Section 10 states:

    "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."​

    And the US Constitution 2nd amendment states:

    "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."​

    in the Supreme Court case Hale v. Henkel, 201 U.S. 43 at 47 (1906) (this case happens to be one of the most cited cases and never over turned), states

    "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no such duty [to submit his books and papers for an examination] to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."​

    And the many numerous Supreme court cases basically stating the exercising of a Constitutionally protected right can not be converted to a crime (many cites).

    Now please tell me why I can't contract to sell my firearm to another friend within the state or contract to buy a firearm in the state without restriction?

    [This post is designed to cause people to do some research and by doing so, understand some law. In that vein, I would encourage responders to backup any posts with cites (citations of law or case law etc) rather than opinion. These cites will then provide further educational material for others to follow and to learn along]
     

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