2- FIREARMS FREEDOM ACT PASSES (HB 2307)
2- FIREARMS FREEDOM ACT PASSES (HB 2307)
Arizona became the sixth state in the Union to enact the Firearms Freedom
Act, a law designed to test and curtail federal powers that some experts
say are growing without effective limits. Under the new law, originally
drafted and enacted in Montana, firearms manufactured exclusively in
Arizona and which do not leave the state are not subject to federal
The state actions represent a direct Tenth Amendment challenge to federal
power. At latest count 20 states have proposed similar bills and four more
are considering them. In addition, Tennessee, Utah, Wyoming and South
Dakota have already enacted such bills. http://firearmsfreedomact.com
Congress has for decades relied on its powers under the Interstate
Commerce Clause to claim control over virtually any aspect of human
activity it chooses, and most gun laws since the Gun Control Act of 1968
fall under this rubric. The new Arizona law proposes that a product made
entirely within a state has no nexus to interstate commerce and is thus
immune to federal reach.
Federal authorities have already insisted that such completely intra-state
activities (actions solely within a state) fall within their inter-state
jurisdiction (actions across state lines), and have threatened anyone who
defies this claim.
In an open letter to gun dealers in Montana and Tennessee, the first
states to enact the bills, the controversial federal Alcohol, Tobacco,
Firearms and Explosives agency warned against obeying the state law under
threat of federal penalties and imprisonment. A lawsuit challenging the
threat, filed by Montana against attorney general Eric Holder, is under
The lawsuit makes arguments related to those in the new Obama
healthcare-takeover lawsuits, which the Supreme Court already recognized in
the Lopez gun case in 1995. Specifically, the Tenth Amendment reserves all
powers not delegated to the federal government nor forbidden to the states,
to the states respectively, or to the people. The Constitution grants no
powers to Congress to regulate healthcare, intra-state activity of any
kind, or for that matter, firearms, education, energy management, home
mortgages, student loans, car manufacturing, Edison-style incandescent
lightbulbs, flush toilets or numerous other adventures the federal
government has taken upon itself without apparent authority.
Originally, the Commerce Clause was drafted in the late 1700s to prevent
states from restricting trade by imposing tariffs on each others' goods
passing through. The Articles of Confederation could not control the mess
that ensued, and the new Constitution put an effective stop to the
bickering and restraints of trade. Beginning with the New Deal however, FDR
and the Supreme Court began applying that clause to give the federal
government vast new powers it had never had.
According to leading experts, that led directly to the massive expansion
we see today and virtually unlimited encroachment into every facet of
modern life. The lid blew off completely in the famous 1942 Wickard v.
Filburn case, in which the High Court decided that an Ohio farmer growing
wheat on his own land to feed his chickens affected interstate commerce,
since he did not need to buy interstate wheat.
Called outrageous by critics, it removed virtually any restraints on
Congress and completed FDR's powers to take over vast segments of the U.S.
economy, a trend that continues to this day. FDR had threatened to "pack"
the Court with extra men of his own choosing to control the High Court. Up
until that time, the Court had repeatedly refused to endorse FDR's
unprecedented reaches for Commerce-Clause power over the states. The Court
finally caved in to those demands to preserve its "integrity." The Firearms
Freedom Act is a broad-based national effort to rein in that unbridled
power, and restore the Commerce Clause to its original intent.
The new Arizona law will have little immediate effect on the average gun
owner. The bill's proponents strongly advise AGAINST opening up your own
gun-making shop in your basement, believing yourself free of federal
constraints. Without a carefully structured case, strong legal team,
complex strategy and significant financial backing, the feds will crush
such a "wildcat" attempt, imprison the entrepreneur and set precedent that
will empower themselves at the expense of the nation at large.
The bill, signed on April 5, will take effect 90 days after the state
legislature closes, or approximately in September.
The feds have vast resources funded with tax dollars with which to attack
the new laws, the lawsuits and especially the manufacturing tests being
planned in Montana. The Montana lawsuit is joined by prominent pro-rights
lobbying groups and has a structure and plan not about to be revealed in
news releases to a sometimes hostile press, according to people close to
the main actors.