How would requiring the ownership of a gun be different from requiring the purchase of healthcare? Its just a tax if you don't buy one, so why not the other?
The small town of Nelson, Georgia, (pop:
1,300) passed an
ordinance in April requiring the head of each household to own
a firearm (with exceptions for convicted felons, those not capable
of owning a gun, and anyone who conscientiously objected. Despite
the exceptions, and that the town’s police chief (and only cop)
said he had no intention of enforcing the ordinance, the Brady
Center for Gun Violence (an anti-gun more than an anti-violence
group) is
suing the city over what it calls an “unconstitutional”
law.
-reason
from the comments:
The GOP should quietly threaten to pass a mandatory gun law if
the Democrats don't repeal ObamaCarousel. Sure, deny it publicly,
but make it clear that they'll do it as soon as they have the
votes.
What part of the constitution grants the government the
power to enact such a regulation?
The same part that says that the government can compel you to
purchase a product from a third party.
In my book, the people in a state or a municipality can pass
their own local constitution which grants their local government
powers which do not conflict with the Federal constitution. Any
authority the people have not granted to the local government in
such way, the local government should not have.
If government can force you to have fire extinguishers, smoke
detectors, and low flow toilets and showerheads why can't they
force you to own a firearm?
According to the FedGov, the National Militia includes every
able-bodied man between specific ages. Requiring that everyone own
a firearm supports this definition of "militia" in a very practical
way. Too bad towns are having to do the work that the FedGov just
isn't willing to do.
The government can't require people to do something unless
there's some plausible argument that it serves a legitimate
government objective, Perry said. While deterring crime could be
considered a legitimate objective, it would be hard for the city to
prove the ordinance accomplishes that goal, he said.
Step 1. Fight this lawsuit and ultimately lose because "it's
hard for the city to prove the ordinance accomplishes that
goal."
Step 2. Sue Chicago and demand they prove that their "common
sense gun control" laws accomplish the goal of reducing gun
violence.
Step 3. Sue D.C. and demand they prove that their "common sense
gun control" laws accomplish the goal of reducing gun violence.
Rinse-repeat.
Just which Constitutional right does this law violate,
again?
Note that this has nothing to do with any of purportedly limited
grants of power to the feds, so the Commerce Clause and all that
are irrelevant. If this is unconstitutional, it can only be because
it violates a Constitutional right. So, which one?
In light of the Obamacare decision, which one indeed? And why not try it?
You guys are missing the main point here. The Federal Gov does not equal State and Local Govs. The Tenth Amendment. It's (sort of...) the law.
ReplyDelete" The Tenth Amendment."
DeleteIts been completely ignored for decades, not even kinda.