If you would like to be added or dropped from the Michigan ping list, please freepmail me.
Posted on 08/13/2009 7:21:39 AM PDT by FromLori
Introduced in the Michigan House on August 11, 2009, the “Firearms Freedom Act” (HB-5232) seeks “to make certain findings regarding intrastate commerce; to prohibit federal regulation of firearms, firearms accessories, and ammunition involved purely in intrastate commerce in [the State of Michigan]; to provide for certain exceptions to federal regulation; and to establish certain manufacturing requirements.” The bill was authored by Rep. Phillip Pavlov and currently has 44 co-sponsors. While the HB5232’s title focuses on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government. It specifically states: The regulation of intrastate commerce is vested in the states under amendments IX and X of the constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition. 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 activities that they see as not being authorized to the Federal Government by the Constitution. Firearms Freedom Acts have already passed in both Montana and Tennessee, and have been introduced in a number of other states around the country. There’s been no lack of controversy surrounding them, either. The Tenth Amendment Center recently reported on the ATF’s position that such laws don’t matter: The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature. ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless. Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government: “Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.” “This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn’t suit them.” Advocates of these efforts say it doesn’t matter if the federal government disagrees, or even threatens states over funding, as they did recently with Oklahoma. Gary Marbut, author of the Montana Firearms Freedom Act, and founder of http://www.firearmsfreedomact.com/ took this position in a recent interview with the Tenth Amendment Center: “We’re not depending on permission from federal judges to be able to effectuate our state-made guns bills. And, we’re working on other strategies to wrest essential and effective power from the federal government and put it where it belongs.“ 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. All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states. A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010. Thirteen states now have some form of medical marijuana laws - in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law void. While many advocates concede that a federal court battle has a slim chance of success, they point to the successful nullification of the Real ID Act as a blueprint to resist various federal laws that they see as outside the scope of the Constitution. Some say that each successful state-level resistance to federal programs will only embolden others to try the same – resulting in an eventual shift of power from the federal government to the States and the People themselves.
If Michigan does this, then it’ll be the very first smart thing they’ve done since electing Engler.
Sorry I know paragraphs are my friends...
Introduced in the Michigan House on August 11, 2009, the “Firearms Freedom Act” (HB-5232) seeks “to make certain findings regarding intrastate commerce; to prohibit federal regulation of firearms, firearms accessories, and ammunition involved purely in intrastate commerce in [the State of Michigan]; to provide for certain exceptions to federal regulation; and to establish certain manufacturing requirements.”
The bill was authored by Rep. Phillip Pavlov and currently has 44 co-sponsors.
While the HB5232’s title focuses on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government. It specifically states:
The regulation of intrastate commerce is vested in the states under amendments IX and X of the constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.
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 activities that they see as not being authorized to the Federal Government by the Constitution.
Firearms Freedom Acts have already passed in both Montana and Tennessee, and have been introduced in a number of other states around the country. There’s been no lack of controversy surrounding them, either. The Tenth Amendment Center recently reported on the ATF’s position that such laws don’t matter:
The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature. ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.
Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government:
“Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.”
“This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn’t suit them.”
Advocates of these efforts say it doesn’t matter if the federal government disagrees, or even threatens states over funding, as they did recently with Oklahoma. Gary Marbut, author of the Montana Firearms Freedom Act, and founder of http://www.firearmsfreedomact.com/ took this position in a recent interview with the Tenth Amendment Center:
“We’re not depending on permission from federal judges to be able to effectuate our state-made guns bills. And, we’re working on other strategies to wrest essential and effective power from the federal government and put it where it belongs.“
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.
All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states.
A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010. Thirteen states now have some form of medical marijuana laws - in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law void.
While many advocates concede that a federal court battle has a slim chance of success, they point to the successful nullification of the Real ID Act as a blueprint to resist various federal laws that they see as outside the scope of the Constitution.
Some say that each successful state-level resistance to federal programs will only embolden others to try the same – resulting in an eventual shift of power from the federal government to the States and the People themselves.
HeHeHe,I hope all the states pile on the fed.
I think states should start to seccede snicker
No way Grandholm will allow this.
Granholm will be out in time, plus the citizenry are restive. She’s at the mercy of her constituents now, for real.
All I can say is, good luck, and I hope people actually have the guts to back something like this up.
My guess is the inbred urban cretins who live in Detroit will block it through their elected officials.
Amazing how much political power comes out of the end of an unselective, random penis.
Good on them! This strikes me as MUCH more supportable than secession and other ideas bandied about. However, will each state be able to support it’s own gun needs through intrastate commerce? States like Texas are fine but what about states like Rhode island? Or larger states with very small populations? (I have no idea how labor intensive and difficult the manufacturing process for our modern weapons is.)
Sort of an, "I think, therefore I am" kind'a deal.
Isn't there some sort of armed cookout in Wyoming or someplace where everyone comes open carry?
Good question I think I will ask our legislators the ones that show up anyway at the open carry picnic we are having here is Wisconsin on Sunday about all of this.
If you would like to be added or dropped from the Michigan ping list, please freepmail me.
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