Court holds that 2nd does not protect right to sell firearms

[nogods]

In United States v. Chafin, the court upheld a conviction for selling a firearm to a person knowing or having reasonable cause to believe that such person is an unlawful user of drugs in violation of 18 U.S.C. § 922(d)(3). The court held that the Second Amendment does not protect an individual’s right to sell firearms.

Here, Chafin contends that his conduct–the sale of a firearm to an unlawful user of drugs–falls within the historical scope of the Second Amendment. However, Chafin has not pointed this court to any authority, and we have found none, that remotely suggests that, at the time of its ratification, the Second Amendment was understood to protect an individual’s right to sell a firearm. Indeed, although the Second Amendment protects an individual’s right to bear arms, it does not necessarily give rise to a corresponding right to sell a firearm.

This is one of the instances in which "bad cases make bad laws."

Had the case been about a municipality banning the sale of all firearms it might have been decided differently.

The problem is that most of the post-Heller cases involve criminals trying to use Heller to get out of firearms violations or enhanced sentences due to use of a firearm in the commission of their crime.

The full opinion can be read here: Fourth Circuit Court of Appeals: Second Amendment does not Protect Right to Sell Firearms