BY Herschel Smith
10 years ago
Dave Hardy does a comprehensive takedown of a Newsmax article entitled Can a Felon Own a Gun: 5 Loopholes in Federal Law (via Uncle). The Newsmax article appears to be a rather poor and poorly researched piece. Read Dave’s entire analysis. Commenter FWB remarks:
I find explicit grants to punish counterfeiting, piracies and felonies on the high seas, offenses against the law of nations, treason, and possibly copyright and patent infringement in the Constitution. However no power to punish for any other violation of federal law was ever granted. Except for these few delegations, the bulk of the police power was left to the states.
… as Madison and others stated, the federal government does not have the authority to decide anything about firearms. A primary reason no Bill of Rights was thought necessary was because the Framers understood that the federal government had no power to legislate in any of the areas covered by a Bill of Rights. The fear also was there that inclusion of a BoR would cause people to think the feds had such authority.
Police powers reside with the states not with the federal government except in the few granted areas. All these laws and discussion concern usurped powers and unconstitutional actions by the federal government.
I have also pointed out the absurdity of application of the federal regulations regarding firearms.
My own son was honorably discharged from the Marine Corps, but knew of one poor soul who became inebriated the eve of his discharge and was caught for DUI on base. This Marine was dishonorably discharged. According to the wording on Form 4473, he will never be able to legally purchase a gun even if a judge agrees with him because the USMC won’t revisit its discharge and thus he won’t be able to answer – truthfully – on Form 4473 about discharge from a branch of the service.
Remember folks, any time the federal government gets involved in anything, everyone drowns in inefficient, overbearing, oppressive bureaucracy. This includes the issue of felons and guns.
