Following Entry Posted 1/16/2010 04:57:00 AM

Bill Exempts Guns From Federal Law

(Oklahoma City, Oklahoma) A bill has been introduced in the Oklahoma legislature to protect the Second Amendment rights of the state's citizens.

House Bill 2884, creates the "Oklahoma Firearms Freedom Act," which declares that a "personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Oklahoma and that remains within the borders of Oklahoma is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce."

The legislation notes that regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution and that Article II, Section 26, of the Oklahoma Constitution "clearly secures to Oklahoma citizens, and prohibits interference with, the right of individual Oklahoma citizens to keep and bear arms."

As a result, under the bill, guns manufactured in Oklahoma and sold to citizens of the state would not be subject to federal regulations since "those items have not traveled in interstate commerce."

Applicable firearms will be required to clearly display "Made in Oklahoma" on a major metallic part.

And there's more:

Some supporters of the legislation say that a successful application of such a state-law would set a strong precedent and open the door for states to take their own positions on a wide range of other activities that they see as not being authorized to the Federal Government by the Constitution.

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. Implied in such legislation is that the state apparatus will enforce the act against all violations – in order to protect the liberty of the state’s citizens.

Oklahoma’s bill brings the number to 16 states that have seen a Firearms Freedom Act introduced in the past year – most recently, New Hampshire, Virginia and Missouri.

Frankly, I believe everything possible should be done to challenge the federal power grab.

Companion posts at GunWatch and The Jawa Report.
|