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In addition, many of the bill’s operative procedures limit their own software to criminal road gang activities that “occur in or impact interstate or foreign commerce” in an attempt to safeguard the costs from constitutional invalidation. In United States v. Morrison, however, the Supreme Court ruled that this sort of vocabulary is not by yourself sufficient to bring a work within the scope of Congress’s Business power. The regulated act must have more than some influence on interstate business; it must be substantial, and the connection between the regulated act and its substantial effect might not be too attenuated.
In addition to the provisions of S. 456 that Congress lacks Commerce capacity to enact, section 215 of the bill increases serious Second Amendment concerns. Section 215 creates two new types of persons whose Second Amendment rights to keep and keep arms would be rejected by the government. The extreme step of prohibiting gun ownership is generally saved for individuals who commit violent offenses that constitute a felony.
Its purpose is to keep weaponry from the hands of dangerous scammers. But section 215 does not distinguish trivial offenses from those serious offenses …