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by CleverNickname
Wed Feb 18, 2015 10:12 am
Forum: Federal
Topic: Cornyn Introduces Constitutional Concealed Carry Reciprocity
Replies: 71
Views: 18894

Re: Cornyn Introduces Constitutional Concealed Carry Recipro

srothstein wrote:
If a Texan takes a firearm made in Texas to another state, then that firearm has been shipped or transported in interstate commerce.
I think you just jumped to a conclusion that is way too broad. Suppose I live in Dallas and I go to Oklahoma City to visit my brother. Since my truck has an extra large gas tank, I can make it there and back without stopping for gas. My only stop is at my brother's house. I happen to be carrying my STI 1911 made in Georgetown with me when I go. How has my Texas made pistol been in interstate commerce when no commerce occurred on the trip?
I agree that the reasoning I posted is too broad. Yet, current interpretation by the USSC is even more broad than that. Read Wickard v. Filburn and Gonzales v. Raich. There's very little limit on what can be considered "interstate commerce". In your example, an argument would be that by buying a firearm made in Texas, you then decreased the market for firearms made outside Texas by one firearm. Bam, there's your effect on interstate commerce. You wouldn't even have to take it to another state.
by CleverNickname
Sun Feb 15, 2015 5:38 pm
Forum: Federal
Topic: Cornyn Introduces Constitutional Concealed Carry Reciprocity
Replies: 71
Views: 18894

Re: Cornyn Introduces Constitutional Concealed Carry Recipro

RoyGBiv wrote:FYI... Here's the text as it was read into the CR.
Interestingly, as I read it....
-- If I'm carrying an STI or other firearm made in Texas, I would not be covered by this act. and
If a Texan takes a firearm made in Texas to another state, then that firearm has been shipped or transported in interstate commerce.

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