Could gun makers sue states?

I don't know if this has ever been addressed or looked at, but could gun makers sue states, like states sue them?

The Constitution protects Citizens via the 2nd Amendment. It allows for firearms. The Federal Government controls what is legal or illegal for firearms. Over all length, select fire or not, caliber size, etc... and allows for silencers, full auto, short barrel, pen guns, etc... Its not about a ban, its about a "tax stamp" / registration. Those powers have been covered by the Government not states, as laid out in the 10th Amendment. Firearms are "regulated" by commerce laws, the Interstate Commerce Clause by the Federal Government, not the states. States get to pass laws on what the Feds have not.

Now Take California and a few other states. Marijuana is illegal at Fed level. Any state not enforcing those laws should have Fed funding pulled, just like the Alcohol laws for the age to drink and taxes or Cigarette laws on the age to smoke. Don't enforce the laws, don't get set Federal funds. Places like California rely on Fed funds to operate.

Firearm companies are making firearms and regulated by the Feds, who is a state to regulate above and beyond the Feds. Take switch blades and butter fly knives. Many states have laws that ban them in public, but they can still be sold and kept at home. Set states like California are excluding firearm companies from selling their good and limiting their sales.

Could firearm manufactures sue those states for lost sales and violation of free trade? I mean what if a state said California oranges are illegal and no oranges or orange juice can be sold. Or that movies made in California are banned. It would cause law suits and issues. How are guns different?

Could a state like California deal with a major law suit? What if different firearm manufacturers filed their own suits for the loss of sales and asked for few million each, or an out of court settlement to allow sales?

It was a slow Sunday night at work...

And yes, I have a grudge against California (I lived there in the good years).

__________________
CEO and Elite Trainer (Ret Mil/LEO)
TRB Tacticool Solutions
We train the trainers, if you want the best, you want us.
(All classes booked for the next year, check back in 2017).

Let's block ads! (Why?)

Could gun makers sue states?