The MacDonald decision was based on citizens' need for firearms for self defense. What does that do to the BATFE's criteria for admitting inported guns on the basis of their suitability for sporting purposes?
"Sporting Purposes"
- Thread starter Cyrano
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FirebirdV8
Member
The whole sporting purposes thing is the fault of the gun industry. When the anti gunners started getting rabid and irrational, the gun industry responded by trying to appease the anti's by making guns look to be for "sporting" or for hunting. While guns are useful for that purpose too, that right was not reaffirmed in the Bill of Rights so that we can go hunting, plinking etc, but so that we can defend ourselves. However, sporting is perfectly fine as well since, I hope to never have to defend my life, but if I ever have to, I want to have trained and practiced so I know what I am doing. Sporting purposes are all excellent training.
oldRoger
US Veteran
Doubtless some one sooner or later will take them to court over this, arguing that while it may not have “sporting purposes” it does have valid self defense uses.
It is Congress.
The "sporting purpose" factoring for importing handgunds is Federal Law.
Chapter 44, Title 18, USC
http://www.atf.gov/forms/download/atf-f-5330-5.pdf
The "sporting purpose" factoring for importing handgunds is Federal Law.
Chapter 44, Title 18, USC
http://www.atf.gov/forms/download/atf-f-5330-5.pdf
OP
The constitution trumps Federal law.
At least it's supposed to. That is one of the main purposes of the Supreme Court is to ensure that laws are compliant with the Constitution.
But when you look at all the laws and programs that are out there, you gotta wonder.
About half the people in this country want the government to abandon one of the things that is specifically called out as a responsibility (national defense) and spend the money on social programs, none of which you will find specifically authorized. Only the vague phrase "promote the general welfare" can even remotely be tied to it and has grown into a half-trillion or more per year of entitlements.
bk43
Member
The United States Code, which OKFCO5 cited, trumps everything. The USC is a codification or compilation of the founding documents and other permanent legislation and is the final, ultimate law of the land.
You can certainly argue with ATF in this case if the agency says only sporting arms can be imported because that is not what USC says.
Bob
watchmanjimg
Member
Under this line of reasoning Congress could enact a law tomorrow invalidating Heller and McDonald and nothing could be done about it.
Any law in this country is subject to constitutional review. Thus, ultimately the Constitution trumps everything--including the United States Code.
bk43
Member
I understand what you're saying but we are talking about two different things. You're talking about the process of making law and I'm talking about enforcing law. An ATF agent's duty is to enforce USC when it comes to importing firearms and the Constitution is not relevant. The OP was talking about enforcement, not formulating law.
Bob
oldRoger
US Veteran
Remember too that the regulations were based upon the basic liberal/progressive view that we bitter-clingers could be allowed our play things for limited purposes (for sport) until the majority could be taught that all guns in private hands are bad under all circumstances.
So you get Hillary and her friends talking about “legitimate sporting purposes”.
However, with a newly recognised “fundamental right to keep arms for the purpose of self-defense” some of the old regs can IMO be fought.
A new day has dawned; many lawyers can find employment, it’s great to see a potential expansion of liberty rather than the reverse.
So you get Hillary and her friends talking about “legitimate sporting purposes”.
However, with a newly recognised “fundamental right to keep arms for the purpose of self-defense” some of the old regs can IMO be fought.
A new day has dawned; many lawyers can find employment, it’s great to see a potential expansion of liberty rather than the reverse.
