Any lawyers out there? Constitutional scholars? Law school professors?
Here’s a question for you: Does it violate the Constitution to shutter gun stores and firearms manufacturers during a global pandemic?
Attorneys for Everytown Law, the litigation arm of Michael Bloomberg’s Everytown for Gun Safety Support Fund, argued in a memorandum this week that closing down FFLs during the COVID-19 crisis does not violate one’s right to keep and bear arms.
More @ Guns America
No. It does not violate the constitution. The right to keep and bear arms is not qualified by an adjoining right to have any particular brand name of firearm or a store open with convenient hours in your neighborhood. So long as the close order is temporary in nature, and equally applied to other similar retail businesses, there is no constitutional breach of individual rights. This assumes that the closure does not extend so long as to create an effective permanent infringement on the buying and selling of arms or ammo.
ReplyDelete--generic
What does violate the Constitution is when the government does something, "abuses or usurpations", for which it has NO enumerated delegated powers. As Thomas Jefferson said and quoted the wording of the 10th Amendment:
DeleteI consider the foundation of the Constitution as laid on this ground: That " all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people."
--Ron W
" all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people."
DeleteAmen.
Ok. You are about 200 years behind on that one. This hasn't been true since Jefferson was alive. But go ahead and pick that hill to die on.
Delete--generic
For anyone who has an elementary grasp of English grammar and reads it objectively, there is no misunderstanding it. It's succinctly and plainly stated. That's why the chief wordsmith of the Constitution, James Madison, said, "the powers delegated to the Federal Government are few and defined..." And the greater always delegates to the lesser. For anyone who worked as an employee, you worked under delegated powers or authority. Going beyond those would get you reprimanded or dismissed...as it should be with our elected officials and agents who the States and the People EMPLOY in the fedgov.--Ron W
Deletegeneric, "200 years behind"...LOL.... "eternal vigilance is the price of Liberty" . "Wickedness in high places" has always despised, hated and tried to crush Liberty going back to the beginning of mankind to now and it continues . It's a transcendent struggle. God Bless the Republic--Long Live the Revolution-- "where the Spirit of the LORD is, there is Liberty" (II Cor. 3:17) --Ron W
ReplyDelete