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Old April 20, 2013, 11:53 AM   #1
JimDandy
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Join Date: August 8, 2012
Posts: 2,427
Con Law 101: Commerce Clause and State level AWBs

How does a state law that: bans the import of _________ into the state not run afoul of the Interstate Commerce Clause?

California State Law on Importation of Assault Weapons

As is being discussed in previous Posts, the Interstate Commerce Clause is both King of the Mountain, and in fact the only player allowed to be ON the mountain at all. I don't believe it's constitutional for any state to ban the import of any good from another state, or foreign nation, even in a Dormant or Negative Commerce Clause doctrine situation, right?

Thus if the Federal Government does not have an AWB, the states may not prohibit the import or sale of firearms that are federally legal, given all the precedent that says the Feds are not only responsible for all the regulation of this trade, but can't use State level resources even when they wanted to and tried to, when they lost in Printz v United States?
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