Judge Andrew Napolitano explains the limitations on the federal government’s ability to limit gun ownership. He writes (abridged):
The government — state or federal — may not interfere with it absent due process. Stated differently, the government cannot constitutionally interfere with gun ownership by executive order or even legislation. It can only do so if the owner of the gun has used it to harm someone else, and then only after a fair jury trial.
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written nine books on the U.S. Constitution. The most recent is Suicide Pact: The Radical Expansion of Presidential Powers and the Lethal Threat to American Liberty.
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