Commentary on Gun Control: Who Owns The Nation’s Firearms?

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Per legal definitions, works, and terms, individuals do not own firearms. Rather, individuals share ownership with the state due to the imposition of gun control.

Accordingly, precise legal definitions and language as defined herein is required for complete comprehension of the laws.

Definitions

Before a firearm exists, <company name> buys hardware, materials, and supplies in the forms of springs, wood, screws, et cetera, from either domestic or foreign suppliers. Likewise, the company may buy partially finished sub-assemblies, completed sub-assemblies, or completed final assemblies: all of which consist of property.

Black’s Law Dictionary, Revised 4th Edition, defines property:

That which is peculiar or proper to any person; that which belongs exclusively to one; in strict legal sense, an aggregate of rights which are guaranteed and protected by the government.

Similarly, ownership is defined by:

The unrestricted and exclusive right to a thing; the right to dispose of a thing in every legal way, to possess it, to use it, and to exclude everyone else from interfering with it.

Contradiction in the usage of the word control comes with the following definition present in Black’s 5th Edition Law Dictionary:

Power or authority to manage, direct, superintend, restrict, govern, administer or oversee… authority over what is not in one’s physical possession.

Gun Control

picture of the constitutionAs the Gun Control Act of 1968 was created, the goal was to impose control over the nation’s firearms for the purposes of regulating highly destructive weapons to keep them from falling into the hands of “lawless persons” (1).

Firstly, the use of the word control is to contain an implication of the exertion of a controlling interest. To exert a controlling interest over another person’s property, breaks the clause, “that which belong exclusively to one.” Therefore, firearms are not property so long as there is control, unless the ownership is shared.

Is it possible then for an individual to have exclusive ownership over a firearm?

Commerce Clause

The second issue lies in the “Commerce Clause” of the Constitution of the United States of America: Article I, Section 8, Clause 3 (2).

The Congress shall have power… To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

Here, it must be noted that the Congress has no power to regulate trade or commerce among The People since there is no stipulation upon the The People as imposed by The Constitution of The United States.

Conclusion

Using legal definitions and The Constitution, I conclude that individuals do not own their own firearms, and to be most generous, would then, legally, share joint ownership with the government of The United States.

Works Cited:

  1. https://www.gpo.gov/fdsys/pkg/USCODE-2015-title18/pdf/USCODE-2015-title18-partI-chap44.pdf

 

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