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Old December 18, 2012, 02:54 PM   #13
rajbcpa
Senior Member
 
Join Date: August 27, 2012
Posts: 321
I believe the so-called gun show loophole exists because the federal government is prohibited from regulating commerce within a state.

In other words, the federal government cannot force two individual residents of a single state to obtain a background check for a private transaction of goods that occurs within that single state...

I believe this is discussed in the Commerce Clause of the Constitution.

The only way that this can be ---ahhhh "fixed" (??) is to modify state law to require such background checks. Yeh, this would pass in NY and California, but probably not in Texas, Florida, Utah, Colorado, etc.

THE SO-CALLED GUN SHOW LOOPHOLE WILL CONTINUE!
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