Across the nation, states are declaring themselves exempt from federal firearms laws. Called the Firearms Freedom Act, the legislation applies to any firearm or ammunition manufactured in-state owned, used, or possessed by a state resident. Automatic weapons or rocket propelled grenades are still subject to federal firearm regulations.
One might ask, how can they do this? The Interstate Commerce Clause of the United State’s Constitution provides the legal basis for the federal government to mandate legislation across the nation. The framers of the Constitution intended that absent the need to regulate Commerce, the United States Congress does not have authority to govern and control state sovereignty. The 10th Amendment expressly reserves to the states all powers not delegated to the national government. Gradually the Federal government expanded their authority until in 1942 the Supreme Court ruled that that Congress may regulate local activities that, when considered alone, have no impact on interstate commerce, if the class of activities might reasonably be deemed to have significant national consequences. Wickard v. Filburn, 317 U.S. 111 (U.S. 1942). Using the issue of firearms, states are trying to exert their state sovereignty again as provided by the 10th amendment.
What does this mean for the average American? In Wyoming, passing the legislation into law on March 11, 2010, makes it a felony punishable by a year in jail and a $2,000 fine for any state or federal officer who tries to enforce any federal gun law on firearms made and sold in the state. The states of Tennessee, Utah, Montana and South Dakota have enacted similar legislation absent the law enforcement penalty. (See at Firearm Freedom Act analysis by state.)It is also a local issue to North and South Carolina. Senator Bright introduced the “Firearms Freedom Act” in the 2009-2010 session of South Carolina in Senate bill S794. According to Vance County’s GOP website, Representative David Lewis of Harnet County plans to sponsor a similar bill in North Carolina.
So what federal restrictions are impacted? According to the Billings Gazette, people who are convicted of misdemeanor domestic violence are prohibited from possessing a firearm under federal law; however, under this legislation that restriction is no longer applicable to the purchase of a local weapon. Other federal restrictions that are seemingly circumvented include: a prohibition against convicted violent felons possessing firearms, a three day waiting period to purchase, a federal firearms license, and payment of federal taxes.
Supporters of the law see it as a manifestation of States rights against an overzealous federal government. Gun advocates are already testing the legislation with a suit filed in the US District court of Montana against US Attorney General Eric Holder, with future suits planned in other states if the Montana suit is dismissed. The Bureau of Alcohol, Tobacco and Firearms warned gun dealers that they are expected to comply with all federal regulations regardless of the state legislation. If the states prevail over the issue of firearms, what other federal regulations created due to the Interstate Commerce Clause could be next?
-Charles Lifford ’13 (Part-Time Evening Student)-
