01 May 2010

Follow Up- What Is 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.

Following initial Montana enactment, clones of the Firearms Freedom Act have subsequently been enacted in Tennessee, Utah, Wyoming and South Dakota, and other clones have been introduced in the legislatures of twenty-some other states.

The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the “commerce clause,” with firearms as the object – it is a state’s rights exercise.

Robocop's Comment:

Here are two items for reference:

From The US Constitution, Article I, Section 8 The Powers Of Congress: (Also known as the "Interstate Commerce Clause")

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

From The US Constitution, Amendment X:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

There is NOTHING in the US Constitution defining the power of Congress to regulate firearms. There is NOTHING in the US Constitution defining the power of Congress to regulate intrastate commerce (commerce that occurs within a state).

There it is. Even if the Federal courts rule in favor of the Federal Government in the Montana case, there is no legal grounds for such a ruling. The Federal Government would be basically stating that it is above the ultimate law of the land. This would be a leap furthering the cause of a central government that already oversteps its bounds. To paraphrase a line from a movie: "an elected legislature can trample a man's rights just are much as a king could."

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