Articles

Felons, Firearms, and Federalism: Reconsidering Scarborough in Light of Lopez

Author
  • Brent E. Newton

Abstract

The application of the federal prohibition of felons possessing firearms is a stretch of the Commerce Clause. Most cases involve a felon who merely happened to be in possession of a firearm. The only relationship to interstate commerce in these cases is that the firearms found were usually manufactured in another state. The application of this prohibition leaves the future of federalism in question.

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Published on
30 Sep 2001