HR 822 vs. HR 2900

There appears to be a lot of emotion, from both sides about HR 822. Putting emotion aside lets look at not only HR 822 but also HR 2900 and compare them.

In regards to firearms, for decades the Federal government (Congress) has severely abused the Constitution via the Commerce Clause. (Article 1 § 8 Clause 3). For decades, the States have abused the Constitution via the 10th Amendment.

HR 822 is yet another attempt at the continued abuse of the Commerce Clause. As such, if HR 822 were to become law, it is open to challenge on Constitutional grounds by the several states (CA), and these states have a good chance of winning in the Supreme Court. Consequently, I don’t believe HR 822 would remain on the books for very long.

HR 2900 is completely different in that the Constitutional Authority cited for this bill is the 2nd Amendment. Not only does it have the correct citation, but is also a much simpler and stronger bill. Of course, if the several states challenge HR 2900, the chances of the challenge being a success are almost non existent, mainly because of the correct citation.

HR 2900 has the potential to severely rock ALL federal and state firearm laws.

Article 6 Clause 2 states that the Constitution is the Supreme Law of the Land. Both Federal and State governments appear to cherry pick this bit.

The 10 Amendment allows the states to pass laws that are not prohibited to them. They have taken this to mean they can legislate firearms as the wish.

Then there just happens to be the pesky 2nd Amendment. The 2nd Amendment is an integral part of the Constitution. Therefore combining Article 6 Clause 2 and the 2nd Amendment means neither the Federal or State governments have the authority to legislate firearms. Make no mistake. The 10th Amendment does NOT negate the 2nd Amendment as many states have done. Likewise Federally, the abuse of the Commerce Clause does NOT negate the 2nd Amendment.

HR 2900 could be the wake up call for entire country.