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2010

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Colin Miller

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Full-Text Articles in Law

Lawyers, Guns, And Money: Why The Tiahrt Amendment’S Ban On The Admissibility Of Atf Trace Data In State Court Actions Violates The Commerce Clause And The Tenth Amendment, Colin Miller Mar 2010

Lawyers, Guns, And Money: Why The Tiahrt Amendment’S Ban On The Admissibility Of Atf Trace Data In State Court Actions Violates The Commerce Clause And The Tenth Amendment, Colin Miller

Colin Miller

The Tiahrt Amendment provides in relevant part that ATF trace data "shall be inadmissible in evidence, and shall not be used, relied on, or disclosed in any manner, nor shall testimony or other evidence be permitted based on the data, in a civil action in any State (including the District of Columbia) or Federal court..." This Amendment has hamstrung cities and localities which, in an effort to combat crime with civil litigation, have brought actions against the gun industry sounding in public nuisance, with trace data being crucial to the success of such actions. Because this Amendment regulates state as ...