Would you register your guns?

[nitrogen]

No. I would most likely either sell them or keep them illegally.

[DJB.45acp]

You know, I've thought about this question quite a bit since Hurricane Katrina...and I've come to the conclusion that I LOVE the Constitution (as written, not interpreted).

[frazzled]

I'm arguing nothing about the efficacy of such (it would be interesting to see an argument made on how this would be helpful). However, how exactly is it unconstitutional?

EDIT: I should posit, whats the registration of firearms legality, if I actually owned any firearms.

[DJB.45acp]

...However, how exactly is it unconstitutional?

Good Question.
I don't believe that a registration, in and of itself, would be unconstitutional. However, what does tracking Legal weapons accomplish? At what price? Unfortunately, history has shown that firearm registration is followed (at some point) by restriction/confiscation (ergo NAZI Germany, and others). I love this Country (not necessarily the Govt.), and the Constitution that it is founded upon. And if registration somehow or other leads to yet another infringement on the 2nd amendment, then I would not be a happy citizen.

Frazzled, please don't take this in any way to be an attack on your question. I actually enjoy thought provoking and logical discourse.

David

[74novaman]

Guns? What guns?

[frazzled]

...However, how exactly is it unconstitutional?

Good Question.
I don't believe that a registration, in and of itself, would be unconstitutional. However, what does tracking Legal weapons accomplish? At what price? Unfortunately, history has shown that firearm registration is followed (at some point) by restriction/confiscation (ergo NAZI Germany, and others). I love this Country (not necessarily the Govt.), and the Constitution that it is founded upon. And if registration somehow or other leads to yet another infringement on the 2nd amendment, then I would not be a happy citizen.

Frazzled, please don't take this in any way to be an attack on your question. I actually enjoy thought provoking and logical discourse.

David

No position and no disagreement here. I think the intent of registration is poor, just was interested in what the constitutional arguments are.

[longhorn_92]

Guns? What guns?

I hear nothing, I see nothing, I know nothing!

[boomerang]

However, how exactly is it unconstitutional?

10th Amendment

[frazzled]

However, how exactly is it unconstitutional?

10th Amendment

And?

[DJB.45acp]

However, how exactly is it unconstitutional?

10th Amendment

And?

I'm going to have to add my "and how does it apply?" as well, as I fail to see (happens a lot to me ) how firearm registration - in and of itself - would violate the 10th, or the 2nd amendments.

“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.” 10th Amendment, U.S. Constitution

Boomerang, how are you applying the 10th here? Based on my understanding of the amendment, if the States don't prohibit the Federation, it can do pretty much whatever it wants - as some founding fathers argued would happen, in the Anti-Federalist Papers. That's why the whole State Sovereignty issue is huge right now. But unless the states assert their sovereignty, the Federal Govt. can use powers given them by the Constitution AND - if the States don't prohibit - anything else they can get away with.

Disclaimer: I'm full of opinions, and they're not always (some would say - not usually) right. IANAL (constitutional or otherwise).

David

P.S. Please don't get me wrong. I REALLY don't want the govt. in my life, or anyone else's, for that matter. Just, from a Constitutional standpoint, I don't think it can be stopped. Now the people getting riled up (my smiley for people getting riled) and the states asserting their sovereignty - Hopefully that will work!

[dleewo]

That's why the whole State Sovereignty issue is huge right now. But unless the states assert their sovereignty, the Federal Govt. can use powers given them by the Constitution AND - if the States don't prohibit - anything else they can get away with.

So out of curiosity, what would TX need to do? Would a law prohibiting gun registration suffice, or would they need to amend the state constitution to prohibit gun registration?

I realize that most of us aren't lawyers, but I'd certainly like to hear others' opinions

Derek

[DJB.45acp]

So out of curiosity, what would TX need to do? Would a law prohibiting gun registration suffice, or would they need to amend the state constitution to prohibit gun registration?

I realize that most of us aren't lawyers, but I'd certainly like to hear others' opinions

Derek

Well, I'm thinking that since Gov. Perry just came out in favor of a State Sovereignty resolution, like some other states have done - http://governor.state.tx.us/news/press-release/12227/ , and another one http://drudgereport.com/flashtx.htm - we should call, email, fax and write to our reps, senators and especially the Governor's office, in support of the resolution. The resolution is just the beginning. As long as the State, Cities and Counties receive Federal money, then the Federal Govt. calls the shots.

The resolution part will be the relatively easy part. The weaning of the Federal Treasury part...not so much.

There was also a World Net Daily article that said there was a US Congress resolution of some sorts. I apologize, I couldn't find the article again and my printed copy is at home. I'll post again, after I can quote it properly.

Just my .02

David

[boomerang]

However, how exactly is it unconstitutional?

10th Amendment

And?

And firearm registration is not a power delegated to the federal government in the constitution.

[30Carb]

I hope I never have to face the choice of having to register, divest, or evade.

But there are other choices for now. Continue going to Tea Parties; continue buying up all the guns and ammo and components as you are able (reason: it is incontrovertible evidence of intractable resistance to the Feds, collectively saying that we cannot be undone and its not politically possible to have their way with us in DC). And of course, the old standbys of voting and contacting your Congresscritter.

Secondly, should it happen, we can work to get local laws passed that exempt the local district from complying with the new law. This was done by many cities that simply refused to comply with the PATRIOT Act library reporting requirements. It is going on right now with respect to many states not complying with the REAL ID law. So getting the local state legislature to exempt the state from the firearm ban/registration law might be something we need to pursue. After all, the liberals did it first! Can you just imagine the "Don't Mess With Texas" slogan with a 2A twist?

[frazzled]

However, how exactly is it unconstitutional?

10th Amendment

And?

And firearm registration is not a power delegated to the federal government in the constitution.

But regulation of interstate commerce is. Thats interstate commerce.