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08/06/12

Here is your money for infrastructure, follow along.....

Keeping the tax revenue within Washington State is the real meat of legislation that I believe both parties could find middle ground. How do you sell a radical idea like this to the legislature? I think a good argument lies in funding educational programs perhaps include shooting sports or similar education. I understand and accept this idea would probably be overwhelmed by conventional politics. And Washington State will probably never take the steps that Montana took with regard to the same.

USC Title 18 part 1 Chapter 1 S 10: (Interstate and Foreign Commerce Defined)
Commerce Clause defined; The term “interstate commerce”, as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia.
The term “foreign commerce”, as used in this title, includes commerce with a foreign country.

USC Title 18 Part 1 Chapter 44 S 921 (Gun Control Act / Federal Firearms Regulations)
(a) As used in this chapter—
(1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company.
(2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

Why is there such a difference between these definitions of commerce? What does any place in a State mean? Why is commerce between any place within a State (Ch44) different than commerce between one state (Ch 10)?

Title 18 Part 1 Chapter 1 S 13 (Laws of States adopted for areas within Federal jurisdiction)
This is a general provision section and applies to the entire Title 18. This section lays out the jurisdiction boundaries between States and the Federal Government. Section 13 refers to Section 7 and follows.
(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

Title 18 Part 1 Chapter 1 S 7 (Special Maritime and Territorial Jurisdiction of the United States Defined)
The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:
(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

Putting this all together answers questions previously posed

    Q. Why is there such a difference between these definitions of commerce?
    A. Regulation of commerce is not a nationwide concept and cannot be applied to the States.
    Q. What does any place in a State mean?
    A. The “places” mentioned in S 921 are the places noted in section 7. Federal lands that are not within the jurisdiction of the State, however, they are within the boundaries of the State.
    Q. Why is commerce between any place within a State (S921) different than commerce between one state (S 10)?
    A. For the purpose of Ch 44 Congress has defined “State” as “the District of Columbia, the Commonwealth of Puerto Rico , and the possessions of the United States; all territorial.

Here is how it reads after clarification, as it pertains to Ch 44.

The term “interstate or foreign commerce” includes commerce between any area of land under federal jurisdiction that is within a State and any area of land under Federal jurisdiction that is outside the State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia.

Reference to place in Ch44 S 921 is a place within a State or outside a State, that is under the exclusive legislative jurisdiction of Congress as per Article 1 Section 8 Clause 17 of the U. S. Constitution.
The interstate and foreign commerce referred to in Ch 44 S 921 is limited and only applies between such places. The Federal Government has no police powers regarding commerce of firearms as applied to Ch 44.

In short the Federal Government is not authorized to collect tax on firearms under the commerce clause unless the transfer is in places defined in section 7 of title 18.

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