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ColdJay64 t1_j5vvyor wrote

Reply to comment by ONE_GUY_ONE_JAR in Philadelphia juvenile street gang linked to thefts of nearly 100 firearms from Pennsylvania gun stores by TreeMac12

I am obviously not an expert but that’s debatable, it’s been ruled in multiple courts that the 2nd amendment does not extend protection to firearm sellers: https://harvardlawreview.org/2014/04/does-the-second-amendment-protect-firearms-commerce/

Hence why I referred to current gun laws, as my understanding was that changing state legislation could potentially have an impact here.

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ONE_GUY_ONE_JAR t1_j5vyk2n wrote

This is true. But it doesn't extend to the point that gun sales could be prohibited. Gun dealers can be subject to more regulation because they aren't protected by the Second Amendment. But if they were so regulated that the were de facto prohibited, then that would be unconstitutional: https://en.wikipedia.org/wiki/Undue_burden_standard

I don't think this has ever been tested, but I also don't think any state has ever tried to regulate gun stores so aggressively that they couldn't exist. If a state did I think it would be a virtual certainty that the Court (especially this Court) would strike it down as an undue burden on people exercising their 2nd Amendment rights.

It's also worth nothing that this article is discussing a split amongst different circuit courts regarding this issue (when different Federal Courts come to different conclusions about an issue). Thus, this issue is still up in the air and hasn't been settled by SCOTUS yet.

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