Originally Posted by
CleverNickname
"Interstate commerce" is pretty much anything Congress says it is. I'm unaware of any laws which Congress has passed with "interstate commerce" as the justification being overturned, other than the 1990 Gun Free School Zone Act.
The ATF's argument would be that any firearm affects interstate commerce by its mere existence. If you don't like that interpretation of the commerce clause, you'll need to go back and have Wickard v. Filburn overturned, along with a couple other earlier cases. This also would put a multitude of other laws in jeopardy, and so that's not happening anytime soon.
Note that I'm not saying I agree with the current interpretation; I'm just telling you what it is.
But to get back to my point: the constitutionality of NFA rests, in total, on Congress' power to regulate interstate commerce. If you don't believe that they have the power to regulate where someone can take their NFA firearms due to the Commerce Clause, then I don't understand why you believe that Congress has the power to regulate the making or possession of NFA firearms.
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