The “But it’s a Deadly Weapon!!!111eleventy” exception to the Constitution

Well, japete likes to show her ignorance.


There is a simple reason that background checks are required for sales through an FFL and not when you sell your gun privately. She has a blind spot toward the concept of Federalism. The Federal government only has the powers that have been delegated to it under the Constitution. Under the Gun Control Act of 1968,


The Feds have taken into their regulatory power anyone who fits that definition. That’s why it is called a “Federal Firearms License.” FFL holders have to follow Federal rules because it is a requirement of the license that the Feds mandate that they have. I don’t have a license, I’m not required to have a license, and therefore the Federal government has no power to control my behavior. In a banana republic the government can rule by fiat, but in the US, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Now japete believes that the Federal Government can simply wave their pens and give themselves powers not delegated in the Constitution. The only reason that the Feds got GCA’68 passed is by pretending that gun sales fell under the definition of “interstate trade,” and was therefore regulated by them. This point is debatable, but for now we are stuck with the idea that if it moves from state to state, the Feds can regulate it. The question is, where does she imagine that the Feds have the power to stick their fat regulatory noses in to a private transaction between me and my neighbor? If I sold my neighbor my lawnmower, can the Feds intervene? No way in hell.




The gun grabbers keep imagining that guns are something different than any other legal product. They want to promote the idea that the Constitution has a “But it’s a Deadly Weapon!!!111eleventy” exception. Instead of arguing the merits (none) and demerits (many) of this foolish idea, maybe we should ask the more important question. Where, exactly, does the Constitution give the Federal Government the power to regulate private sales of firearms?

I’ve looked, there’s an “elastic clause,” but there is no “because I said so” clause.

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