Videos tagged with Interstate Commerce

This video discusses a proposed West Virginia law that could allow the state to sell or transfer post-1986 machine guns to private citizens. The speaker, Mark Smith, a constitutional attorney, argues this initiative could challenge the constitutionality of the federal Hughes Amendment (18 USC 922) by highlighting its lack of a clear jurisdictional hook to Article One of the Constitution. The strategy involves a two-pronged legal defense: first, arguing compliance with the Hughes Amendment, and second, asserting the amendment's unconstitutionality due to a lack of connection to interstate commerce powers.

This video explains the significant legal risks associated with the Gun Free School Zones Act (GFSZA), 18 USC 922Q, highlighting how it can turn lawful firearm possession into a federal felony, even in constitutional carry states. It details the 1000-foot radius rule, the interstate commerce hook used for federal jurisdiction, and common scenarios like traffic stops that can lead to prosecution. The content also touches upon NFA regulations regarding suppressors and the impact of the Bruen decision on sensitive places.

This video from Guns & Gadgets discusses a concerning case where an Orlando resident faces 71 felony gun charges in New York, despite never having visited the state. Speaker Jared Yanis critically analyzes the escalation from a civil lawsuit by NY AG Letitia James to criminal charges, highlighting the seizure of assets and the potential for this to set a dangerous precedent for gun owners and interstate commerce. The segment also features a promotion for Attorneys on Retainer, specializing in self-defense cases.

The Ninth Circuit ruled California's per-purchase ammunition background check system unconstitutional, finding it infringes on the Second Amendment right to keep arms operable. However, the ruling is stayed pending California's request for rehearing, meaning current checks remain in effect. The decision did not affect bans on large-capacity magazines or federal prohibitions on ammunition possession by prohibited persons.

This video from Gun Owners of America (GOA) details their lawsuit challenging the 1927 federal law prohibiting private citizens from mailing handguns via USPS. The law, 18 USC 1715, exempts FFL holders, creating a disparity. GOA argues this ban is unconstitutional and harms law-abiding citizens, citing historical context and a specific plaintiff's inability to gift a handgun to her father.

This video discusses New Jersey Attorney General Matthew Platkin's lawsuit against Texas-based retailer RW Arms for allegedly violating New Jersey's state ban on bump stocks. The speaker highlights the conflict between state law and the US Supreme Court's ruling in Cargill v. Garland, which affirmed Second Amendment protection for bump stocks. The lawsuit is framed as an overreach of state authority into interstate commerce and a potential dangerous precedent for other states.

This video discusses the introduction of the Modern Firearm Safety Act, a bill aimed at eliminating handgun roster laws in states like California and New York. The act, sponsored by Republicans Daryl Issa and Elise Stefanik, argues that these rosters impose unconstitutional restrictions, artificially inflate prices, and hinder access to modern firearms with safety features. The legislation focuses on preempting state requirements that exceed federal standards, particularly those mandating features not found in firearms in common use.

This video, featuring an expert analysis from Langley Outdoors Academy, unearths crucial historical testimony regarding the National Firearms Act (NFA). The unearthed documents reveal that the NFA was primarily enacted as a taxation and regulation measure to circumvent Second Amendment prohibitions on certain firearms, rather than an outright ban. This information is presented as vital for current legislative efforts to remove suppressors from NFA regulation.

This video, presented by William Kirk, President of Washington Gun Law, explores a novel legal argument that could challenge numerous federal gun laws, specifically focusing on 18 U.S.C. § 922(g)(1). The argument posits that this statute, which prohibits felons from possessing firearms, exceeds Congress's authority under the Commerce Clause and potentially infringes upon states' rights reserved by the Tenth Amendment. Kirk analyzes key Supreme Court cases like Lopez v. United States to illustrate the 'substantially affects' standard required for Commerce Clause jurisdiction, arguing that § 922(g)(1) fails to meet this threshold for intrastate possession.

This video discusses the reintroduction of HR 38 and Senate Bill 65, aiming for national reciprocity for concealed carry permits. Rick Travis, Legislative Director for CRPA, explains the legislative process, potential challenges in implementation such as varying state laws and permit uniformity, and expresses optimism for the bill's passage and signing. The discussion highlights the importance of consistent identification and permit recognition for law enforcement.

This video explains House Resolution 38, a bill aiming to establish national concealed carry reciprocity. It details how the bill would allow individuals with a valid concealed carry license from any state to carry a concealed handgun in other participating states. The discussion highlights key provisions, limitations, and protections offered by the legislation, emphasizing that it is not constitutional carry but a significant step towards broader reciprocity.