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Old June 1, 2025, 10:44 PM   #54
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 25,562
Quote:
I disagree. The used gun market most definitely affects the overall firearm market.
Right, but that's not the argument used in Wickard. The argument in Wickard was about production (even intrastate production for things to be used only intrastate) affecting national supply.

What I said was: "Nothing is produced, so the overall supply is not affected. "
Quote:
That's how the grant of power should play out, but the Court in Wickard had other plans.
Again, the salient point in Wickard was the change in the overall supply caused by production. The farmer was growing a crop, which, although he was only using it himself, intrastate, was still changing the overall national supply and, therefore, according the Court's logic, affecting interstate commerce.

Private intrastate used gun sales do not change supply. Even the crazy logic in Wickard can't be used to extend federal jurisdiction to them. I'm not saying it's totally impossible for the Feds to figure out a way to extend their jurisdiction to intrastate used gun sales--just pointing out that they will have to come up with another argument instead of just using Wickard.
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