Commerce in Arms as a Right: David Kopel

[Kirk Freeman]

A mini-Note in Harvard Law Review from David Kopel on Firearms Commerce under the Second Amendment.

Does the Second Amendment Protect Firearms Commerce? - Harvard Law Review

 

[Booya]

Not according to my HOA, even though the city, state, and ATF all my company was gtg....

 

[ModernGunner]

I agree with the common sense explanation in the article. After all, if no one ever manufactured a firearm, they wouldn't exist at all. Therefore, the Founding Fathers would never have written the Second Amendment because firearms would never have been created, hence the Founding Fathers wouldn't even know of their existence TO write the Second Amendment.

Just a guess, but I'm guessing that's why the Founding Fathers never addressed issues on telecommunications, the microwave oven, or Napster.

 

[arthrimus]

What is the origin of this "Presumptively constitutional exception" concept mentioned in this paper? I thought the protections enumerated in the constitution were intended to be absolute.

 

[Bill of Rights]

What is the origin of this "Presumptively constitutional exception" concept mentioned in this paper? I thought the protections enumerated in the constitution were intended to be absolute.

"Presumptively [C]onstitutional" means the Court found that some regulation, such as the whole thing about "sensitive places", is allowable. In other words, my guess would be that when Justice Scalia wrote the Heller decision, he had Justices Roberts, Alito, Thomas, and himself, but he needed Kennedy to make it a majority decision. He had to make some concessions to Kennedy's views to make that happen, because without a majority, the decision just becomes a minority opinion.

That doesn't make it "Constitutional" or "unConstitutional" or for that matter, "right" or "wrong"... that just makes it what 5 of 9 lawyers agreed on.

Blessings,
Bill

 

[Kirk Freeman]

What is the origin of this "Presumptively constitutional exception" concept mentioned in this paper? I thought the protections enumerated in the constitution were intended to be absolute.

Absolute? May I ask why you think this?

"Presumptively constitutional exception"=a la Time, Manner, Place in the First Amendment.

 

[arthrimus]

Absolute? May I ask why you think this?

"Presumptively constitutional exception"=a la Time, Manner, Place in the First Amendment.

I don't know. I'm no constitutional scholar, but it seems reasonable to read the text as written. The wording of the 2nd amendment seems pretty absolute to me. Same with the first. I just don't see anything in the text of the second amendment that indicates that any exceptions should be presumed.

I really want to understand this, could you please explain the history of it?

 

[Kirk Freeman]

I really want to understand this, could you please explain the history of it?

Have you read Heller?

 

[arthrimus]

Have you read Heller?

I have not in detail. But I am not asking about what was determined in Heller, I am asking where the concept of "presumed exceptions" to the text of the constitution came from. I have read the Constitution, and I do not recall any mention that any exceptions to the text contained therein ought be presumed.

 

[indykid]

ATF has determined that commerce in firearms is not protected. Just look at all the import bans. When a dealer sells a firearm the buyer is infringed upon during the purchase. Fill out the paper or don't get your firearm.

Also, the right to keep and bear arms, based on 1776 era logic would include sabers, rapiers and the like, not only firearms.