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
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.
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.
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.
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.
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.
ian1775
November 22, 2012 at 10:28 am
Not all precedents are against it. Wickard v. Filburn is being defeated by States and Juries around the country in cases involving marijuana: http://fija.org/2012/11/20/state-by-state-a-nullification-domino-effect/
It can work for us, too.
Johnny
November 22, 2012 at 10:45 am
@ian175 you’re talking about jury nullification, which is a whole other ball of wax.
ian1775
November 24, 2012 at 6:42 pm
Certainly!
“I consider trial by jury as the only anchor yet devised by man,
by which a government can be held to the principles of its constitution.” – Thomas Jefferson.
http://quotes.liberty-tree.ca/quote_blog/Thomas.Jefferson.Quote.B692
I agree.
coffeeandsleeplessnights
November 23, 2012 at 5:52 pm
Reblogged this on A Lot Of Coffee and Sleepless Nights.
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.
addictedtodrugs
November 25, 2012 at 7:00 pm
binary options trading platform
April 22, 2013 at 2:24 pm
For hottest information you have to pay a quick
visit world-wide-web and on world-wide-web I found this web site as a best web page
for newest updates.
net-referencement
July 22, 2013 at 11:32 pm
Today, while I was at work, my sister stole my iPad and
tested to see if it can survive a thirty foot
drop, just so she can be a youtube sensation. My iPad is now destroyed
and she has 83 views. I know this is completely off topic but I had to share it with someone!
Mikel
March 4, 2014 at 11:14 pm
I every time used to study post in news papers but now as I am a user of web thus
from now I am using net for content, thanks to web.
Sharyl
May 13, 2014 at 9:17 pm
In order for a motorist to find cheap SR22 insurance quotes, wide research and shopping around should be done.
The fact that the operator has a non-owner coverage will not excuse the operator for not having coverage on the
vehicle. Ethiopia levels serious charges Aviation law and compensation – Possible causes of ET409 crash – All ET409 victims recovered – How black boxes survive crashes – ET409 pilot had premonition – Second plane in ET409
crash – Mystery deepens in ET409 crash – ET409 black box recovered – Lebanon and Cameroon crash similar – Black box eludes Beirut searchers – Ethiopian Airlines black boxes found – Fast turn by Ethiopian 737 pilot – Boeing
and NTSB probe 737 crash.
Deborah
May 16, 2014 at 6:10 pm
Turn the heat off and allow the treats to cool thoroughly before
removing. Add chicken stock (liter) and bring to boil, add salt to taste, chicken seasoning, ground peppercorn, vetsin,
cabbage and noodles. Place a frying pan or iron skillet over medium to high
heat.
http://akocertificatesforinternetexplorer.wordpress.com/2014/02/28/popular-access-card-cac-data/
May 18, 2014 at 2:04 am
Do you will need to know the best way to reset a ako cac login password for
Windows 7. So conveniently obtainable from Microsoft Office Online through this
link are several free printable award dod certificates for this purpose.
Be likely to have all of the ako cac login information to
hand such as your password and whenever you purchased your
magic – Jack’.
download book online
June 4, 2014 at 6:06 pm
I am curious to find out what blog platform you happen to be
using? I’m experiencing some minor security issues with my latest blog and I’d like to find something more risk-free.
Do you have any recommendations?
www.geckogo.com
June 9, 2014 at 10:41 pm
It’s an remarkable paragraph designed for all the web viewers;
they will obtain benefit from it I am sure.
The Sepia Report: Curated Culture, Cuisine, Commerce and Concepts download pdf
June 12, 2014 at 11:49 pm
Quality content is the secret to interest the visitors to visit the site,
that’s what this site is providing.
Old-Fashioned Dutch Oven Cookbook pdf
June 13, 2014 at 5:12 am
Its such as you learn my mind! You seem to know so much approximately this, like you wrote the guide
in it or something. I think that you simply can do
with some p.c. to pressure the message home a little bit, however instead of that, that is excellent blog.
A fantastic read. I’ll certainly be back.
adiphene where to buy
June 19, 2014 at 8:40 pm
They made use of the exact same innovative science to create Adiphene as they did
Phen375, and this wound up developing a fantastically safe, unbelievably effective dietary fat burning supplement that other business envy.
This continues to be not 100% confirmed, but keep tuned.
The thermogenic and stimulants from Adiphene will help your body to burn the energy which are consumed
throughout meals.
Liam Campbell
July 18, 2014 at 10:26 pm
Hello, fantastic suggestion and an exciting article, it will be fascinating if this is still the state of affairs in a few years time
Leah Clark
July 19, 2014 at 3:07 pm
Wonderful article, I enjoyed the communications ombudsman ireland
bit
Elijah Gonzalez
July 21, 2014 at 3:32 pm
Exceptionally interesting short article
Connor Nelson
July 21, 2014 at 11:53 pm
I hardly ever discuss these articles, but I assumed this on deserved a well done
Nathan Carter
August 1, 2014 at 12:40 am
I very rarely comment on these articles, but I assumed this on deserved a well done
http://meindiary.de
August 25, 2014 at 5:49 pm
hi!,I like your writing very much! share we keep
in touch more about your post on AOL? I need an expert in this area to unravel my problem.
Maybe that is you! Looking ahead to look you.
Charlotte Woods
September 1, 2014 at 2:57 am
I seldom discuss these items, but I thought this on deserved a well done you
Come Scoprire L'anonimo Su Ask
September 3, 2014 at 9:07 am
My spouse and I absolutely love your blog and find
almost all of your post’s to be precisely what I’m looking for.
Does one offer guest writers to write content for you personally?
I wouldn’t mind writing a post or elaborating on a lot of the subjects you write about here.
Again, awesome web site!
blender best
October 1, 2014 at 6:37 pm
Pretty section of content. I just stumbled upon your
weblog and in accession capital to assert that I acquire actually enjoyed
account your blog posts. Anyway I will be subscribing to your feeds and even I achievement you access consistently fast.
learn more
May 6, 2015 at 3:45 am
Excellent blog right here! Also your site rather a lot up fast!
What host are you the use of? Can I get your associate
link to your host? I desire my website loaded up as quickly as yours lol
download
June 5, 2016 at 11:25 am
Hurrah! After all I got a weblog from where I can in fact take valuable facts concerning my study and knowledge.