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Response to Human101948 (Reply #1)

Fri Oct 9, 2015, 09:44 AM

2. Frank is in the business of selling fireworks

 

And unless Frank is making the fireworks himself ordering them from out of state or country provides the interstate component necessary for federal regulation. Even if Frank is making them himself, if he is wholesaling them to others this would provide the interstate component needed.

The same is true for gun dealers in a state. Nobody is disputing federal jurisdiction in the regulation of people who are in the business of selling firearms.

We are talking about Jim, a resident of the state, purchasing some fireworks from Frank and taking them 20 miles back home. Jim's neighbor Ed wants some fireworks so Jim sells him a few packs. The state could prohibit Jim from selling them to Ed, the feds would have no jurisdiction.

What is your theory as to why this type of sale was exempted from day one, and remains exempt even with most of the public in favor of ubc's?

I am not a lawyer but have studied this for many years and have worked in our justice system for over 20 years.

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pipoman Oct 2015 OP
Human101948 Oct 2015 #1
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