Description

Book Synopsis
Congress has broad authority pursuant to the Commerce Clause to enact laws in areas that may overlap with traditional state jurisdiction. As such, Congress has passed complex statutory provisions that regulate the possession, receipt, transfer, and manufacture of firearms and ammunition. Generally, courts have upheld the validity of firearms laws pursuant to Congress''s commerce power. However, courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This book explores these cases and how courts have analysed these as-applied challenges under the Supreme Court''s Commerce Clause jurisprudence primarily set forth in United States v. Lopez.

Firearms in America: Selected Issues & Analyses

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    A Hardback by Alfonso D Sutton

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      Book details

      Publisher Nova Science Publishers Inc
      Published 1 June 2014
      ISBN-13 9781631178238
      978-1631178238
      ISBN-10 1631178237
      Also in:
      Social and ethical issues Sport Small firearms, guns and other equipment

      Description

      Book Synopsis
      Congress has broad authority pursuant to the Commerce Clause to enact laws in areas that may overlap with traditional state jurisdiction. As such, Congress has passed complex statutory provisions that regulate the possession, receipt, transfer, and manufacture of firearms and ammunition. Generally, courts have upheld the validity of firearms laws pursuant to Congress''s commerce power. However, courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This book explores these cases and how courts have analysed these as-applied challenges under the Supreme Court''s Commerce Clause jurisprudence primarily set forth in United States v. Lopez.

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