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Old October 9, 2013, 05:59 PM   #7
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,656
Quote:
Originally Posted by JimDandy
...If Interstate Commerce is the sole domain of the US Congress, and the Constitution says it is...
That's not entirely accurate.

The Constitution (Article 1, Section 8, Clause 3) has given Congress the authority to:
Quote:
...to regulate commerce with foreign nations, and among the several states, and with the Indian tribes...
Courts have indeed struck down state laws which were found to impose an undue burden or excessively interfere with interstate commerce, but in general a State may exercise its police powers to regulate conduct within its borders even if such may have an incidental or remote effect on interstate commerce.

Quote:
Originally Posted by JimDandy
...I don't understand how they can ban something made in another state...
Because that's not what the California law does. The California law prohibits possession of a certain object by any person within the State. It doesn't matter where the thing, or the person, came from or how the thing, or the person, got to California. All that matters is that someone is in California and while in California is in possession of something that may not lawfully be possessed within California.
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