Superlite27
Regular Member
I've noticed a resurgence in anti-gun talk of "closing the gun show loophole" or "closing the private sale loophole". (It never really died, but its visibility is on the rise in the rise/fall cycle.)
So, we need to combat this tactic of anti-rights activists by introducing a strategy of our own.
Speaking of "loopholes"......
Doesn't the constitution specifically state "SHALL NOT BE INFRINGED"? How is it that ANY regulation makes it past this all encompassing barrier of complete prohibition on the regulation of firearms?
Hmmmmmmm: The commerce clause.
Oh, what a loophole! It seems the government is allowed to regulate interstate commerce....therefore, guns are interstate commerce! Regulate away!
As an explanation, using the commerce clause creates an entire blasphemy of problems including, but not limited to, legislation and rule by fiat and memo.
What law makes a shotgun with a barrel less than 18" illegal? When was this voted on in congress? What bill was this introduced in? (That is the process for passage of laws, right? Legislators introduce bills, they are voted on by congress, and they become law passed or vetoed by the executive branch? Isn't that how it works?)
Unless you're the ATF created by the requirement to "regulate interstate commerce".....then you can just decide that a short barrelled shotgun is illegal, write a memorandum and POOF! Arrest those who fail to adhere to the legal process of lawfully owning one. (A process which is arbitrarily imagined up by the same folks clicking the handcuffs shut.)
Isn't it strange that the ATF is empowered by the commerce clause allowing them to "regulate interstate commerce".......but it only applies to certain items? (..and those items don't even have to fit the criteria used to regulate them.)
Aren't anchors, tennis rackets, and futons sold interstate? Where's the ATF? (That would be the Bureau of Anchors, Tennis Rackets, and Futons.) We need federal agencies to regulate interstate commerce, correct?
How about the ATF? (That would be The Bureau of Arm chairs, Tampons, and Fenceposts) Aren't these items sold interstate?
What if you have your own machine shop and build your own "destructive device"? (The category of item a shotgun with less than an 18" barrel falls into. It's a "destructive device" because if it were a firearm, it would be O.K. with a 16" barrel as a rifle....but it's not a rifle.....so if you cut the stock off as well... it would be a pistol, and pistols are O.K. at any length....but then it would be legal however you wanted to make it.........so....."destructive device"...POOF! THE ATF MAKES THE RULES! It's now it's own category so it can be regulated according to the rules they cook up as the game progresses: The game of "interstate commerce"! Who needs congress? Woo-Hoo!)
Well, if you make your own and it never leaves the state you reside in......WHO CARES! It's still "interstate commerce"! Woo-Hoo! THE ATF MAKES THE RULES! Even when the rules the ATF arbitrarily create don't apply....they STILL apply!
How's that for a loophole?
So, the next time some gun grabber speaks of "loopholes", I simply suggest turning the conversation to loopholes. Ask them if they're so interested in the closing of loopholes, how would they feel about closing the "commerce clause loophole"?
Isn't it an obvious loophole? The lack of an ATF regulating any other item sold interstate paints in ina bright light.
Let's close some loopholes. Anti-gunners seem to like closing them. Maybe they can help.
Just another strategy to keep in mind when faced with a predictable argument. You know you're going to get the "loophole" argument at some point. The best way to deal with predictable tactics is to create your own in advance.
Any other ideas?
So, we need to combat this tactic of anti-rights activists by introducing a strategy of our own.
Speaking of "loopholes"......
Doesn't the constitution specifically state "SHALL NOT BE INFRINGED"? How is it that ANY regulation makes it past this all encompassing barrier of complete prohibition on the regulation of firearms?
Hmmmmmmm: The commerce clause.
Oh, what a loophole! It seems the government is allowed to regulate interstate commerce....therefore, guns are interstate commerce! Regulate away!
As an explanation, using the commerce clause creates an entire blasphemy of problems including, but not limited to, legislation and rule by fiat and memo.
What law makes a shotgun with a barrel less than 18" illegal? When was this voted on in congress? What bill was this introduced in? (That is the process for passage of laws, right? Legislators introduce bills, they are voted on by congress, and they become law passed or vetoed by the executive branch? Isn't that how it works?)
Unless you're the ATF created by the requirement to "regulate interstate commerce".....then you can just decide that a short barrelled shotgun is illegal, write a memorandum and POOF! Arrest those who fail to adhere to the legal process of lawfully owning one. (A process which is arbitrarily imagined up by the same folks clicking the handcuffs shut.)
Isn't it strange that the ATF is empowered by the commerce clause allowing them to "regulate interstate commerce".......but it only applies to certain items? (..and those items don't even have to fit the criteria used to regulate them.)
Aren't anchors, tennis rackets, and futons sold interstate? Where's the ATF? (That would be the Bureau of Anchors, Tennis Rackets, and Futons.) We need federal agencies to regulate interstate commerce, correct?
How about the ATF? (That would be The Bureau of Arm chairs, Tampons, and Fenceposts) Aren't these items sold interstate?
What if you have your own machine shop and build your own "destructive device"? (The category of item a shotgun with less than an 18" barrel falls into. It's a "destructive device" because if it were a firearm, it would be O.K. with a 16" barrel as a rifle....but it's not a rifle.....so if you cut the stock off as well... it would be a pistol, and pistols are O.K. at any length....but then it would be legal however you wanted to make it.........so....."destructive device"...POOF! THE ATF MAKES THE RULES! It's now it's own category so it can be regulated according to the rules they cook up as the game progresses: The game of "interstate commerce"! Who needs congress? Woo-Hoo!)
Well, if you make your own and it never leaves the state you reside in......WHO CARES! It's still "interstate commerce"! Woo-Hoo! THE ATF MAKES THE RULES! Even when the rules the ATF arbitrarily create don't apply....they STILL apply!
How's that for a loophole?
So, the next time some gun grabber speaks of "loopholes", I simply suggest turning the conversation to loopholes. Ask them if they're so interested in the closing of loopholes, how would they feel about closing the "commerce clause loophole"?
Isn't it an obvious loophole? The lack of an ATF regulating any other item sold interstate paints in ina bright light.
Let's close some loopholes. Anti-gunners seem to like closing them. Maybe they can help.
Just another strategy to keep in mind when faced with a predictable argument. You know you're going to get the "loophole" argument at some point. The best way to deal with predictable tactics is to create your own in advance.
Any other ideas?
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