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jlf1961 -> RE: What kind of Gun Regulation Makes Sense? (3/4/2011 6:56:05 PM)
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ORIGINAL: jack8007
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regulations can be placed to specify weapons that might be a danger to the public, LIKE AUTOMATIC WEAPONS.
Soooo, guys, why is one weapon a danger to the public, and another one isn't? And who decides that?
And while we're at it, how do we square "danger to the public" (like influenza or Lehman Bros) with "shall not be infringed?" We can start by noting the 2nd amendment says nothing about "danger to the public", but it sure says, "shall not be infringed".
I suggest you look at the National Firearms Act of 1934, also known as title two of the national firearms laws.
You will find that automatic weapons or machine guns are regulated as NFA weapons, requiring a special license to own.
By the way, both the NFA and the gun control act of 1968 have been upheld by the supreme court in United States vs Miller.
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two men challenged their convictions for transporting an unregistered 12-gauge sawed off shot gun across state lines, a violation of the National Firearms Act. The Supreme Court ruled that the Second Amendment does not guarantee the right to keep and bear a double-barreled, sawed off, 12-gauge shot gun, because its possession did not have "some reasonable relationship to the preservation or efficiency of a well-regulated militia."
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Congressional power to regulate firearms stems from the Commerce Clause of the Constitution. The Commerce Clause empowers the federal government to regulate commercial activity between the states and commerce with foreign countries. Generally speaking, states and the federal government have successfully (1)denied certain individuals, i.e., convicted felons and the mentally incompetent, the right to own firearms; (2) required licenses and made owners pass afirearms safety examination (3) made illegal the possession and transfer of certain firearms; and (4) required registration for certain classes of firearms.
The National Firearms Act of 1934, still in effect today, was passed to hinder acquisition of certain dangerous weapons, including machine guns and sawed-off shotguns. Key components of this legislation included heavy taxes on themanufacturing and distribution of firearms and required registration throughout production, distribution, and sale. The Federal Firearms Act of 1938 provided for federal licensing of firearms dealers, regulated firearm transportation across state lines by dealers, outlawed the transportation of stolen gunswith the manufacturer's mark eradicated or changed, and outlawed firearms from being sent to fugitives, indicted defendants or convicted felons.
The National Firearms Act was later amended significantly by the Gun ControlAct of 1968, passed in the wake of the assassination of President John F. Kennedy and others. The Gun Control Act also repealed the 1938 Federal FirearmsAct. and replaced it with increased federal control. The Gun Control Act contained far-reaching provisions, pertaining to licensing, sales, buyer requirements, and the importation of non-sporting guns. For all its measures, the lawdid not forbid the importation of unassembled weapon parts. Gun control advocates were not satisfied and called for stricter laws; owners and dealers decried the Gun Control Act as burdensome and infringing on personal rights. Finally in 1986, the Firearm Owners' Protection Act (also known as the Gun Control Act of 1986) was passed, amending the 1968 law. The 1986 Gun Control Act imposed some new restrictions and extended prior ones, but in some instances it eased requirements of the 1968 law. Machine guns made after 19 May 1986 were banned from sale by the 1986 Firearms Owners Protection Act.
Right to Bear Arms - Further Readings
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