The Constitutional Argument Against Universal Background Checks

By Tom Knighton

As we approach the possibility of universal background checks becoming a reality, something which seems to be growing by the day, there are a lot of arguments about the constitutionality of such checks. Many of those revolve around the Second Amendment, which is fine. The Second Amendment doesn’t include a clause where it’s OK to infringe on someone’s rights if they don’t ask the FBI for an OK first.

However, over at the National Review, David French lays out a case for it being unconstitutional for its violation of the Commerce Clause.

Once more I find myself in the unenviable position of disagreeing with one of America’s brightest legal minds, John Yoo. In January, Professor Yoo and I debated the legality of various aspects of the Trump administration’s border-wall emergency declaration. Today, I’m going to dissent from his assertion in an NRO article published last week that universal background checks (UBCs) — as applied to intrastate transfers between private citizens — are constitutionally kosher.

I agree with him that UBCs don’t violate the Second Amendment. The right to keep and bear arms does not extend to violent felons or the dangerously …Read the Rest

Source:: Bearing Arms