Gun Shop vs Gun Rights

[tombogan03884]

Pre 1968

The biggest opponent of that would be the licensed dealers.

[Jim Kennedy-ar154me]

The biggest opponent of that would be the licensed dealers.

True, but they could enter the "free market" like everyone else and was done before 1968. "Dealers survived then.

[tombogan03884]

They would fight like hell to preserve their monopoly.

[Jim Kennedy-ar154me]

They would fight like hell to preserve their monopoly.

I know it will never happen but I can dream can't I.

[MikeBjerum]

No constitutional right is absolute.  Not every gun law - in the opinion of SCOTUS (and that's what counts) - constitutes an infringement.

As applied to the subject of background checks, given that Heller makes it clear that felons and severely mentally ill persons may be forbidden to own and possess firearms.  Given this fact, at least some background checks are, therefore likely constitutional.  (This does not mean they are effective, just that under Heller they are likely constitutional.)

If the legal system would do their job and deal with criminals, 95% of our problems would be gone.  Secondly, if a person loses their right to certain constitutional protections their ID should be marked as such just like is done for minors, physically limited, those with convictions of DUI/DWI.  Mark their ID, and background checks are done with.  It is already illegal for anyone to sell to a disqualified person.  If ID's were marked anyone, anywhere, anytime could handle a legal transaction.

Let's quit trying to make this, or support, more complicated than it needs to be.  Why won't this happen?  Because it would shrink the government employee base, and it would take the sense of power out of those pushing for control of our lives.

[Sponsor]

[tombogan03884]

No constitutional right is absolute.  Not every gun law - in the opinion of SCOTUS (that's what counts) - constitutes an infringement.and

As applied to the subject of background checks, given that Heller makes it clear that felons and severely mentally ill persons may be forbidden to own and possess firearms.  Given this fact, at least some background checks are, therefore likely constitutional.  (This does not mean they are effective, just that under Heller they are likely constitutional.)

However, this does not mean that background checks could not constitute an infringement upon our 2nd Amendment rights.  Waiting periods have already been ruled unconstitutional.  A background check system that is not effectively instant the vast majority of the time and/or has no time limit is almost certainly unconstitutional.

Of course, if we lose the upcoming election or the RINOs cave and confirm an Obama appointment, then Heller will likely be over turned and we will have to do our best to pass an amendment to restore our 2nd Amendment rights.

Actually the only opinion that really matters is the 100 million Americans who own guns.