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Old August 10, 2010, 07:56 AM   #37
publius42
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Join Date: February 9, 2002
Posts: 1,887
Quote:
2009_gunner, The various States Firearms Freedom Acts, are not really 2A cases. They are legislation challenging the current broad definition of the Commerce Clause. The Montana case is one such law that is being litigated in federal court.
Are you sure? I know it's a commerce clause case, but now it's a commerce clause case about guns, and we have a brand new second amendment right to consider. There has never been a constitutional right to homegrown wheat or marijuana or even machine guns (Wickard, Raich, Stewart), so the necessity of infringing on that right to regulate commerce could not be a question.

Now it can.
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