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Wyoming and South Dakota Declare Firearms Freedom

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Today Wyoming became the latest state to enact a Firearms Freedom act, following close on the heels of South Dakota where the governor signed a similar act last week. Oklahoma’s version has passed both houses of its legislature with large majorities and is expected to be signed soon. Five other states have already passed similar acts and 24 more have acts pending or ready to be introduced.

These acts declare that the federal government has no jurisdiction to regulate the manufacture and sales of firearms or ammunition within a state, so long as those activities do not cross state lines, causing them to enter federal jurisdiction under the interstate commerce clause of the Constitution. The Wyoming law includes a $2000 fine and a year in prison for any federal official attempting to interfere with gun rights under the law within the state.

The Bureau of Alcohol Tobacco and Firearms has disputed the validity of these laws on the basis that they are in conflict with federal firearms laws, asserting that federal regulations supersede state law even if the activities are kept within the state.

The Montana version of the FFA is being tested in federal court. If it is upheld as constitutional these laws may be the first step in the efforts of many state governments to reassert control over areas of governance where authority has been ceded to the federal government over the years. If the law is struck down as unconstitutional other states plan to also file suit over the issue.

If these firearms freedom laws succeed many states have similar legislation pending to assert other rights under the 10th Amendment with the ultimate goal of challenging the ability of the federal government to impose unfunded mandates and unpopular programs on the states against their will.

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About Dave Nalle

  • http://drdreadful.blogspot.com Dr Dreadful

    Now THIS is an actual NewsFlash and is appropriately devoid of personal opinion. Take notes, everyone…

    It will be fascinating to see how this pans out, especially with regard to Wyoming’s aggressive provision for the prosecution of federal officers.

  • http://ruvysroost.blogspot.com Ruvy

    When I studied constitutional law in Minnesota, the position of the BTA cited above was generally held to be the accepted one. However, in 1980, a case was heard before the Supreme Court where the “liberty of speech provisions” (article I of the California Constitution) were held to be more authoritative than the First and Fourteenth Amendments were inasmuch as they were broader than the rights of free speech granted under the First and Fourteenth Amendments.

    I do not know where that particular interpretation has gone in the past 30 years, but that may the kind of route state attorneys-general take in defending these acts of their legislatures.

    This is an issue of federalism – and in the light of the disastrous federal policies emanating from Washington over the last decade, it is clear why states are eager to protect their power and seemingly waning sovereignty.

  • http://ruvysroost.blogspot.com Ruvy

    Sorry guys, that was the BATF, not the BTA….

  • http://drdreadful.blogspot.com Dr Dreadful

    Glad you clarified. Although the employees of the Baltimore Transit Authority can be mean sonsofbitches…

  • John Wilson

    I hear that gun owners are wearing their guns into Starbucks. Guess I better wear my pistol when I get a Latte, just for Self Defense, of course, in case there’s an armed desperado. Since I’m old and slow I better keep the pistol in my hand at the ready. Maybe cocked. Hope these shaky old hands don’t accidentally set the thing off. Oh well.

  • http://www.republicofdave.com Dave Nalle

    I believe there’s a bounty on barristas in Wyoming.

    Dave

  • http://jeanniedanna.wordpress.com/ jeannie danna

    Dave,

    Are you worried that the federal government is going to brake into your home and seize all of your guns? or Are you afraid that they will stop you from hunting?

    Here is a link to the 10th Amendment.

    “An amendment to the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, guaranteeing to the states and the people those rights that are not delegated to the federal government by the Constitution.”

    The Second Amendment as it pertains to gun rightsstates:

    In 1994, the Brady Handgun Violence Prevention Act
    Imposed, on an interim basis, a five-day waiting period and background check before a licensed gun importer, manufacturer or dealer can sell or deliver a handgun to an unlicensed individual.

    Required a new National Instant Criminal Background Check System, run by the FBI, be ready to replace the waiting period by Nov. 30, 1998. The new background check system will apply to all firearms and will allow checks to be done over the phone or electronically with results returned immediately in most cases.

    Violent Crime Control and Law Enforcement Act
    Commonly referred to as the “Assault Weapons Ban,” this bill banned the manufacture, possession, and importation of new semiautomatic assault weapons and large-capacity ammunition feeding devices (or magazines) for civilian use.

    Criteria for semiautomatic assault weapons that fall under the ban are provided as well as a list of 19 specific firearms.

    Prohibits juveniles from possessing or selling handguns and directs the attorney general to evaluate proposed and existing state juvenile gun laws

    The Tenth Amendment as it pertains to the Brady Laws

    I would like to ask what is your major concern?

  • http://www.republicofdave.com Dave Nalle

    Jeannie, I’m not at all sure what you were getting at with your various bits of information in that last post.

    I oppose the Brady Bill just as I oppose any other effort to limit the rights of citizens, from gun rights to the right to free speech, to the right to privacy, etc.

    The gun issue is just a wedge issue to advance the greater issue of fighting back to retain the rights which are recognized in the Bill of Rights and all the other unenumerated rights which individuals should have in a free society.

    These rights are under great threat from the expansion of government and I believe in opposing that process of taking away our rights one by one, starting with gun rights.

    Dave

  • http://jeanniedanna.wordpress.com/ jeannie danna

    :) Did you sneeze?

    Where were you when, Ronald Reagan, submitted the first urine sample?

    Do you realize that this was when YOU lost the right to your own bodily fluid? Before Reagan, only soldiers could be tested.

    Now, you can get all moral here and say, “I don’t use drugs!,so why should I care?”

    Well you should because that was the slippery slope, not firearms!

    What the hell are you doing anyway, starting your own army?

  • http://jeanniedanna.wordpress.com/ jeannie danna

    Do You know what the right of free speech means? It means that you allow others to say things that you don’t like, and you still show them respect in spite of those words.

  • http://jeanniedanna.wordpress.com/ jeannie danna

    Now, I would like to respect YOU, because everyone tells me what a wonderful editor you are. and I would like you to respect ME, because there are people here that think I am a good person.

    :(

  • http://takeitorleaveit.typepad.com/ roger nowosielski

    Thus is disarming.

  • http://drdreadful.blogspot.com Dr Dreadful

    I wonder if there’s a town anywhere called Sample?

    And if there is, do they have a sign posted at the city limit which says, “You’re in Sample”?

    That would be funny.

  • http://jeanniedanna.wordpress.com/ jeannie danna

    Doc,

    Very funny, I just got it! :)

  • http://www.republicofdave.com Dave Nalle

    Jeannie, I have only the scantiest clue as to what you are talking about most of the time.

    I never said anything about drugs or urine samples. I support legalizing the former and not requiring the latter.

    The fact that we have done things wrong in the past and given up essential liberties does not mean that we should continue doing so and not try to roll back the mistakes of the past.

    As for using drug rights as the wedge issue, the truth is that firearm rights are a lot easier to get people to support. I wish we could use legalizing marijuana instead, but it’s too hard to get passed. Passing firearms protections is relatively easy.

    Dave

  • zingzing

    if i could smoke a gun and just listen to tunes, i’d be all for smoking guns.

  • Charlie Bernardi

    Wyoming-made firearms are exempt from all federal laws. Any firearms made in Wyoming, besides automatic weapons and or grenades, are exempt from all federal gun laws so long as the gun isn’t taken out of the state.At the same time, though, the Firearms Freedom Act means that convicted felons, mental patients and people younger than 21 are not permitted to buy buy Wyoming-made firearms.

  • Seth

    jeannie, The right to Freedom of Speech means you can say what you want and the government can’t throw you in jail because they don’t like it. It has nothing to do with respect; I have the right to respect (or not) anybody precisely as much as I choose to. (Since respect is a state of mind, how would you have the Thought Police enforce me respecting you? Saying something rude about you would just be exercising my own Freedom of Speech, wouldn’t it?)

  • http://ecohr.wordpress.com Msuvain

    since Montana, Wyoming, South Dakota and Utah share borders, does this new law allow guns or ammo manufactured in Montana to now go to these contiguous states without federal regulation!

    Sounds like a great idea!!
    I like the name; The firearms freedom act. It’s more than guns.
    It’s freedom!!!!!

  • David B

    Lets go all the way and abolish the fed govt. what has the fed govt done except wage perpetial war, bail out, banks, and build prisons, and spend our grandchildrens money. Our cities’ infrastructures are 100 years old, and our bridges are falling in the rivers while we build new ones in Iraq. We dial 911 for a ambulance and 45 million of us lose our our life savinge — but we did fund Univeral healthcare as a right in Iraq.

    The Individual states would be much better of without a fed govt — taking over their own education, healthcare, law enforcement, retirement, social security, roads, infrastructure. remember that We were on top in education and health until the 70s when the feds started creating the Dept of this and the Dept of That.

    For the amount of money that was spent in Iraq and bank bailouts, we could of had Universal healthcare, New Infrastructure, And light rails in every city.

    We have moved from the land of the brave and the home of the free to a nation of cowards residing in a corporate controlled police state. We have become afraid of choosing our childrens schools, our retirement, making our own healthcare choices. We are afraid of vouchers and having to actually choose our childrens schools – we want the govt to do it. We are afraid of individual retirement accounts – we want the govt to pool everything (usualy taking from poorer gen Xers to give to richer babyboomers). Most of all, we are totally terrified of the concept of individuals being able to self medicate and purchase their own medicines without a gatekeeper (wasn’t for this a $200 prescription would be a $30 off the shelf medicine) and we are totally terrified of patients actually choosing their medical treatments (doctors can only provide from a narrow list of Govt (pharma controlled FDA) approved treatments — or we have to leave the country for newer better choices. If there was a FDA during Lewis Pasture’s Time, the govt would just now be approving the procedure of washing ones hands before performing surgery. Almost forgot, Boy – are we terrified of the thaught of preparing and providing for our self defense and Our neighbors gun gives us nightmares.

    Boy are we cowards !

  • David B

    Lets go all the way and abolish the fed govt. What has the fed govt done except wage perpetial war, bail out banks, build prisons, and spend our grandchildrens money.

    Our cities’ infrastructures are 100 years old, and our bridges are falling in the rivers while we build new ones in Iraq. We dial 911 for a ambulance and risk losing our our life savings and everything we worked for, but we did fund Univeral healthcare as a right in Iraq.

    The Individual states would be much better off without a federal government — taking over their own education, healthcare, law enforcement, retirement, social security, roads, and infrastructure.

    remember that We were on top in education and health until the 70s when the feds started creating the Dept of this and the Dept of That.

    For the amount of money that was spent in Iraq and bank bailouts, we could of had Universal healthcare, New Infrastructure, And light rails in every city.

    We have moved from the land of the Free and the home of the Brave to a nation of cowards residing in a corporate controlled police state. We are afraid of vouchers and having to actually choose our childrens schools – we want the govt to do it.

    We are afraid of individual retirement accounts – we want the govt to pool everything (usualy taking from poorer gen Xers to give to richer babyboomers). Most of all, we are totally terrified of the concept of individuals being able to self medicate and purchase their own medicines without a gatekeeper (wasn’t for this a $200 prescription would be a $30 off the shelf medicine) and we are totally terrified of patients actually choosing their medical treatments (doctors can only provide from a narrow list of Govt (pharma controlled FDA) approved treatments — or we have to leave the country for newer better choices.

    If there was a FDA during Lewis Pasture’s Time, the govt would just now be approving the procedure of washing ones hands before performing surgery. Almost forgot, Boy – are we terrified of the thought of preparing and providing for our self defense and the pistol grip and banana shaped magazine on our Our neighbors black rifle gives us nightmares. — and how did we come so far as to accept the fact that a food fight between boy friend and girl friend should ban a person from owning guns.

    Boy are we cowards !