By Dean Weingarten
Arizona – -(Ammoland.com)- While I was visiting another member of the gun culture, I was shown a new acquisition, a Springfield XD in .45 caliber. I was struck by the the warning label on the box “NOT LEGAL IN CALIFORNIA” and “W/HIGH CAPACITY MAGAZINE”.
I object to the term “High Capacity Magazine”. The magazines are not high capacity, they are standard capacity. Magazines of ten rounds or less are reduced capacity.
The idea that a Constitutionally protected item could be forbidden by state law reminded me of how topsy turvy the interpretation of the commerce clause of the Constitution has become.
When the American colonies first won independence from England, the document governing them was the Articles of Confederation. The Articles had demonstrated that a central government was necessary for defense of the country, and to maintain order among the states. Some states had erected trade barriers against their neighbors. The Commerce clause of the Constitution fixed that defect. For most of the nations history until the late 1800’s, the commerce clause was used to prevent the states from interfering in interstate trade that crossed state lines.
The …Read the Rest