Firearms Freedom Act

[Mtn.man]

Colorado, South Dakota Firearms Freedom Act Introduced
25. Jan, 2010 Written by: Michael Boldin Comments (16)


Introduced in the State Senates of both Colorado and South Dakota last week is a bill known as the “Firearms Freedom Act.” If passed, the bill would make state law that “any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in the state and that remains within the borders of the state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”
This now makes Firearms Freedom Acts already passed in Montana and Tennessee, and currently introduced in these 21 states: Alabama, Alaska, Arizona, Colorado Florida, Georgia, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, and Wyoming.
According to Gary Marbut of the Montana Shooting Sports Association and author of the original bill that was introduced in Montana, “It’s likely that FFAs will be introduced soon in West Virginia, New Mexico, Idaho, Kansas, Arkansas, Louisiana, North Carolina and maybe elsewhere”
South Dakota’s Senate Bill 89 (SB89) was introduced by State Senator Rhoden, and has 22 Senate co-sponsors and 44 House co-sponsors.
Colorado’s Senate Bill 092 (SB10-092) was introduced by State Senator Schultheis and has 9 Senate co-sponsors and 7 House co-sponsors.
CLICK HERE – to view the Tenth Amendment Center’s Firearms Freedom Act Tracking Page
UPDATE, 01-26-10 http://www.tenthamendmentcenter.com/...s-freedom-act/
The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.
But nullification is more than just a mere rhetorical statement or a resolution affirming the position of the legislature. To effectively nullify a federal law requires state action to prevent federal enforcement within the state.
Implied in any nullification legislation is enforcement of the state law. In the Virginia Resolution of 1798, James Madison wrote of the principle of interposition:
That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.
In his famous speech during the war of 1812, Daniel Webster said:
“The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”
Here Madison and Webster assert what is implied in nullification laws — that state governments not only have the right to resist unconstitutional federal acts, but that, in order to protect liberty, they are “duty bound to interpose” or stand between the federal government and the people of the state.
In similar proposals, some legislators around the country have begun adding penalties – ranging from misdemeanors to felony charges – for federal agents, too. Other legislators have already introduced what’s known as the “State Sovereignty and Federal Tax Funds Act” which would require the state to interpose against the IRS and withhold tax funds from D.C. Click here to read more about this proposal. http://www.tenthamendmentcenter.com/...tax-funds-act/
Even without such specific penalties listed, I see this as an important step in the right direction

[sniper7]

i think this is great but honestly i hope it takes a while to get through so it has a chance of getting signed. i really hope it is ammended so federal agents are charged with felonies for trying to enforce federal law when it does not apply. we can only hope this passes and becomes law!

[theGinsue]

I'm with you 100% there sniper.

Tax Ritter vetoed the bill that was passed by both state houses that would have allowed us to not have to go through ANOTHER background check if we have a CCW permit.

If he'd veto that one, you know he'll veto this one too.

[Troublco]

+1. This would be one of the best possible things to have happen.

[Bailey Guns]

Here's a link to the text of the actual bill:

http://www.leg.state.co.us/CLICS/CLI...ile=092_01.pdf

It's interesting to note that it appears a full-auto shotgun would be legal the way this law is worded:


(3) THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION SHALL

11 NOT APPLY TO:

12 (a) A FIREARM THAT CANNOT BE CARRIED AND USED BY ONE

13 PERSON;

14 (b) A FIREARM THAT HAS A BORE DIAMETER GREATER THAN

15 ONE-AND-ONE-HALF INCHES AND THAT USES SMOKELESS POWDER, RATHER

16 THAN BLACK POWDER, AS A PROPELLANT;

17 (c) AMMUNITION WITH A PROJECTILE THAT EXPLODES USING AN

18 EXPLOSION OF CHEMICAL ENERGY AFTER THE PROJECTILE LEAVES THE

19 FIREARM; OR

20 (d) A FIREARM, OTHER THAN A SHOTGUN, THAT DISCHARGES TWO

21 OR MORE PROJECTILES WITH ONE ACTIVATION OF THE TRIGGER OR OTHER22 FIRING DEVICE.

I think I know what the intent is (a shotgun shell with multiple pellets) but that's not what it says. Interesting.

I still prefer the NH model of this legislation...but it's mostly symbolic anyway.

[thane]

20 (d) A FIREARM, OTHER THAN A SHOTGUN, THAT DISCHARGES TWO

21 OR MORE PROJECTILES WITH ONE ACTIVATION OF THE TRIGGER OR OTHER22 FIRING DEVICE.

All that's saying is that the law doesn't apply to full-auto or burst-fire weapons.

It excludes shotguns because technically your standard shotgun shoots multiple "projectiles" in the form of buckshot... they don't want accidentally give the gov.t' the ability to take away your shotguns! haha

[rhineoshott]

Yes. This would be really good. I think things might be starting to come around!

[Ranger353]

I'm with you 100% there sniper.

Tax Ritter vetoed the bill that was passed by both state houses that would have allowed us to not have to go through ANOTHER background check if we have a CCW permit.

If he'd veto that one, you know he'll veto this one too.

+1 Ritter is a TOOL! That RAT BASTARD!

[BPTactical]

I think it is interesting how many states are collectivley telling the Fed to Eat Shit.
Think they are listening?

[Irving]

From what I understand, none of this stuff is new, and bills just like it have been run over and over again in the past, even here. I kind of see this the same as all those other crazy bills that people propose that never go anywhere. The one about zombies and aliens comes to mind. As great as this sounds, I'm not getting my hopes up much. The only reason I'm interested this time around is because a few states have actually passed these and I'm waiting for someone to manufacture a .22lr or something and take it to court and see how it plays out.