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How to Stop Obama’s Gun Control Agenda

21 Nov
How to Stop Obama’s Gun Control Agenda

Yesterday, I touched on the topic of some states passing the Firearms Freedom Act. Originally introduced and passed in Montana, the FFA declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states.  This is probably the best way to defeat Obama’s gun control agenda that we have at the present.

So, in its purest form, without restriction, the FFA would allow a firearm that is built and kept within a state to remain un-infringed from gun control zealots and bureaucratic miasmas.

The only reason the Federal Government can come up with to justify its jurisdiction over firearms in the first place is through the Commerce Clause, which allows them to regulate interstate trade.  The leap between regulating trade and infringing on the Second Amendment rights of Americans is a governmental overreach and is as insincere as it is cravenness.

If every state were to pass a true Firearm Freedom Act, then the unconstitutional infringements and taxes found in the ludicrously named Firearm Owners Protection Act would be circumvented completely.  FFA also shields states from Obama’s desire for a Semi Automatic Rifle Ban.

In theory, if Texas were to pass a full FFA, they could forge, assemble and sell machine guns, suppressors and large capacity magazines within the state without having to jump through the Federal hoops.  Remember, these things are legal all ready, but they require excessive Federal taxes to be paid while also needing to be registered as well as being subject to approval by the Federal Government in the first place.  Those three requirements in and of themselves are an affront to the Second Amendment AND to States’ Rights.

Upon passage, even if a ban of these or semi automatic rifles were to pass through Congress, so long as the weapon was built in Texas and stayed there, the Federal Government would have no justification for interceding since the the whole premise of Federal Gun Control is based off the Commerce Clause.

While the Federal Government uses the Commerce Clause to justify its gun control policy, State FFA’s are a 10th Amendment challenge to this overreach.

8 States have all ready passed an FFA while 26 others have either introduced legislation or are intending to soon.  I encourage everyone to contact your state representatives and let them know that this is something that you want to see move forward.

Here is a map of the states that have passed or are considering passing an FFA

 

 

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34 Comments

Posted by on November 21, 2012 in Uncategorized

 

34 responses to “How to Stop Obama’s Gun Control Agenda

  1. Insiderman

    November 21, 2012 at 12:20 pm

    I’m not sure what makes you think that if the federal government chooses to violate the Second Amendment that it will hold the Tenth Amendment sacrosanct.

     
    • MT

      November 21, 2012 at 12:25 pm

      Good point here.

       
    • Jeff Tesch (@tesch_man)

      November 24, 2012 at 8:40 am

      That is why we have the 2nd amendment to enforce the other amendments. Without the 2nd amendment we could not enforce any of the other amendments.

       
  2. MT

    November 21, 2012 at 12:25 pm

    I’m confused here. FFA is State-level and yet you’re doing this under the umbrella of The Constitution, the original federal law? This is not going to work. We need to come up with a better plan than this. This is reactionary and poorly considered. Next, please. I am all about no more gun laws and repealing anything that falls outside of “shall not be infringed,” but FFA is not smart.

     
    • Tony Oliva

      November 21, 2012 at 12:36 pm

      The Bill of Rights were the restrictions that the founding fathers shackled the federal government with in order to reign in tyranny. The 10th Amendment is a very important one because it enumerates the fact that the States actually have rights. Your quick dismissal of the 10th Amendment is akin to dismissing the 2nd Amendment defense because it to falls under the umbrella of the Constitution aswell.

      We are 1 Supreme Court justice away from losing the 2nd Amendment…federally. If the 10th Amendment remains true we can still have firearms in firearm friendly states. I see a big exodus from blue states and huge booms to red ones if that happens.

       
  3. Tony Oliva

    November 21, 2012 at 12:30 pm

    Not saying they will. I will say that a state has more power, money and pull (moreso with more states) than just a couple of people with guns.

    Now, don’t get me wrong, the 2nd Amendment is to defend against tyranny, but gun grabbers have learned to be patient and a lot of gun owners have there head stuck so far in the sand thinking that is could NEVER happen here, that a total loss of our 2nd Amendment rights will come not with a bang but a slow steady drip.

    On the other hand, if a federal government decides that the 10th Amendment is worthless and wants to challenge the states on that….THEN we will see another revolution.

    I think the federal government and Obama hold the peoples right and the states rights with equal disdain. A state has a better chance of fighting back.

     
  4. TFR

    November 21, 2012 at 1:55 pm

    It’s worth a try, but will almost certainly run afoul of Wickard v. Filburn where the S.C. held that anything that has any effect whatsoever on interstate commerce, including NOT purchasing something, is within the power of Congress to regulate.

     
  5. Johnny

    November 22, 2012 at 4:17 am

    TFR is correct, except about “worth a try.” This won’t fly, the precedents are against it.

     
  6. Johnny

    November 22, 2012 at 10:45 am

    @ian175 you’re talking about jury nullification, which is a whole other ball of wax.

     
  7. coffeeandsleeplessnights

    November 23, 2012 at 5:52 pm

     
  8. Robert

    November 24, 2012 at 8:02 pm

    wickard v. filburn

    Brief Fact Summary. The Appellee, Filburn (Appellee), produced wheat only for personal and local consumption. He was penalized for growing wheat in excess of his allotment allowed by the Department of Agriculture.

    Synopsis of Rule of Law. Congress may regulate the activities of entities totally apart from interstate commerce, if those activities affect interstate commerce.

    Facts. Appellee was an owner/operator of a small farm in Ohio. He sold milk, poultry, and eggs. He also grew a small crop of winter wheat every year. Appellee sold a portion of the wheat, used some as feed for poultry and livestock, used some to make flour for home consumption, and the kept the rest for the following seeding. Pursuant to the Agricultural Adjustment Act of 1938 (Act), the Appellee’s 1941 wheat allotment was 11.1 acres and a normal yield of 20.1 bushels per acre. In the Fall of 1940, however, he planted 23 acres, which yielded 239 bushels from his excess acreage. He was assessed penalties on this amount of 49 cents a bushel, or $117.11.

    Issue. May Congress regulate purely intrastate activities under the commerce clause?

    Held. Yes. Appeals court ruling reversed and remanded.
    Although the wheat may be entirely for personal consumption, it does compete for wheat in commerce, by taking away the demand for wheat by the one who grows it. As the one growing the wheat does not have to buy wheat, the demand for wheat goes down. When viewed in the aggregate (if everyone overgrew wheat “for personal consumption”), this decrease in demand would have a significant effect on interstate commerce.
    The Supreme Court of the United States (Supreme Court) acknowledges that the effect of the single farmer may well be negligible to interstate commerce, but when viewed in the aggregate of all farmers “similarly situated” it may significantly affect the value of wheat in commerce.

    Discussion. Wickard v. Filburn is in some ways the greatest exercise of the commerce power recognized by the Supreme Court. Note that the Supreme Court seems to say Congress can compel an individual to purchase wheat when the individual could grow wheat for personal consumption.

     
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