Malcolm Comments in CQ Today on Ammunition Legislation
Legislation introduced this week in Congress to limit ammunition sales is supported by those who favor gun control according to Professor Joyce Lee Malcolm, who was quoted in a CQ Today article suggesting Democrats are trying to reset the terms of debate over gun control by urging limits on ammunition sales while at the same time stressing respect for the Second Amendment.
"The very same people who felt that there was no problem with a gun ban in Chicago and D.C. are pushing this" new legislation, said Malcolm.
The legislation (S 3458) introduced by Sen. Frank R. Lautenberg of New Jersey and Rep. Carolyn McCarthy of New York effectively would ban online and mail-order ammunition sales. In addition, Lautenburg has sought an amendment to a cybersecurity bill that would prohibit transfer or possession of "large-capacity" magazines of over 10 rounds.
Lautenberg and other Democrats have pre-emptively challenged the constitutional issues gun-rights groups are expected to raise by citing Supreme Court Justice Antonin Scalia's comments that limitations on the Second Amendment are possible.
Democrats Cite Second Amendment in Attempt to Reframe Gun Control Debate, CQ Today, August 1, 2012. By John Gramlich.
"But finding congressional support for gun control is a tricky proposition. The Senate is expected to defeat Lautenberg's amendment on the cybersecurity bill, if it even comes to a vote, and Majority Leader Harry Reid, D-Nev., has said gun control legislation is unlikely to advance in the Senate—let alone in the Republican House—anytime soon.
"Some gun rights advocates are skeptical of the Democrats' recent positioning vis-a-vis the Second Amendment, noting that Democrats supported tough gun control restrictions in the District of Columbia and Chicago that the Supreme Court eventually deemed unconstitutional.
"The very same people who felt that there was no problem with a gun ban in Chicago and D.C. are pushing this" new legislation, said Joyce Lee Malcolm, a law professor at George Mason University."
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