Nullification: Twenty-five States With Firearms Freedom Acts

This is a discussion on Nullification: Twenty-five States With Firearms Freedom Acts within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by wjh2657 Sounds good. but time for a reality check. It only covers weapons made and sold within the state. I carry S&W ...

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Thread: Nullification: Twenty-five States With Firearms Freedom Acts

  1. #16
    Ex Member Array azchevy's Avatar
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    Quote Originally Posted by wjh2657 View Post
    Sounds good. but time for a reality check. It only covers weapons made and sold within the state. I carry S&W (Built in CT ) and Glock (built in GA) so Tennessee has no control over restrictions on those two. Only gun that I know of that is built completely in TN is the Barrett .50 cal sniper rifle. I really have a devil of time fitting that one into a pocket holster for my Haggars! The several AR ( not a real pocket gun either) builders all use assemblies from out of state so they also are still under Federal restriction. The legislation was just a political move for the pro gun members of the assembly to get some votes.

    I'm not trying to throw cold water on folks' aspirations here but we need to concentrate on some real legislation that will shore up our right to bear arms instead of political gimmickry like this.

    Bushmaster, Ruger, McMillan, PoF, Robar, American Spirit...

    this is NOT gimmickry. This is states telling the feds to back off.

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  3. #17
    Senior Member Array wjh2657's Avatar
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    My post referred to Tennessee. None of the companies you listed are located in Tennessee. Our law (and all of the others) only covers weapons manufactured in their entirety within the parent state and sold within the state to a citizen of that state.

    Arizona does have several companies that will be covered by the Arizona law, but only in Arizona. Once that piece leaves Arizona it comes under Federal laws again. If somebody from outside Arizona buys the gun there and takes it back home it is under federal rules again, even if his home state has a similar law. The home state rule only applies , again, to guns made in that state.

    It is not anywhere near the act of defiance everybody is crediting it with. Don't put on the grey uniforms yet, the states have not seceded. The Feds still control all of the other guns in the case.

    This is just like the Weller case, a lot of people ran around yelling that the Court said we could all carry guns without a permit now. Weller just said that a homeowner in D.C. should be allowed to have a handgun at the ready in his home in D.C. They have already gotten around that because Weller didn't really cover purchasing the handgun and they are tightening up on that aspect. You can have one but you can't buy one is the next step.

    The states are not telling the Federal government to get out until they declare independence of the Union and that is not likely to occur in this day and age.

    Our best bet is still solid incorporation of the Second Amendment into state constitutions and fighting the Feds in the U.S. Supreme Court.
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

  4. #18
    Ex Member Array azchevy's Avatar
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    I for one like the fact that my state is solidifying the Second Amendment with many pieces of legislation.

  5. #19
    VIP Member Array Cupcake's Avatar
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    MI's legislation also mentions privately manufactured firearms, but excludes full auto and firearms with a bore greater than 1.5 inches that use smokeless powder rather than black powder... interesting
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  6. #20
    Senior Member Array wjh2657's Avatar
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    The nasty kicker in this whole thing is that to fully qualify, the entire gun would have to be built in that state. Once you buy one part from someone in another state, you fall under the Interstate Commerce regs and the Feds are back in the game.

    ROBAR was mentioned above. It is my understanding that they simply modify/"build" vs manufacture weapons and that you have to provide the base weapon. As they are talking mostly 1911s, that would mean a weapon built, at least with some parts, in another state. Again the state law may not apply.

    I know several of our legistators here in Tennessee who made a big deal about voting for this bill in Tennessee. They also voted against the Restaurant Carry and Park Carry bills. In short , they were anti-gun and voted for the bill to throw up a smokescreen at the voting booths. They knew it would not have any actual effect on 2d A rights and that the U.S. Government would take little note of it. (BTF has already gotten a ruling from Federal Court and is ignoring the State law.)

    For those running around and patting your lawmakers on the back, take a harder look at their other efforts for gunowners.

    A solid incorporation of the 2nd Amendment, worded to indicate the Individual in the state Constitution is your only true safeguard. if you have that you are on your way home. If you don't have it, you are spinning your wheels, and laws like this one are only going to lead you off the true goal.

    The Tennessee State Constitution has a solid provision stating that the Individual's right to bear arms will not be infringed. This is enough to provide legal basis to fight goofy laws in court and is the basis of the Tennessee HCP.

    Moot point for Arizona as I am pretty sure their Constitution already has RTKBA written into it.
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

  7. #21
    Ex Member Array azchevy's Avatar
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    "Liberty doesn't just happen – it needs to be worked for," "Getting that work done can make the difference between having to work for liberty, and having to fight for it."

    "Laws of the federal government are to be supreme in all matters pursuant to the delegated powers of U.S. Constitution. When D.C. enacts laws outside those powers, state laws trump. And, as Thomas Jefferson would say, when the federal government assumes powers not delegated to it, those acts are 'unauthoritative, void, and of no force' from the outset," said the analysis.
    http://www.wnd.com/index.php?fa=PAGE.view&pageId=127787

    According to a law signed into effect yesterday by Democratic Gov. Dave Freudenthal, any agent of the U.S. who "enforces or attempts to enforce" federal gun rules on a "personal firearm" in Wyoming faces a felony conviction and a penalty of up to two years in prison and up to $2,000 in fines.

  8. #22
    Senior Member Array wjh2657's Avatar
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    Quote Originally Posted by Shadowsbane View Post
    Except under this law what would stop a company from opening shop in any of these states that have passed this law?
    That would probably be good idea. But you have to remember that business is driven by market and the exemptions are only within state. Do any of these states have a valid large enough in-state market to make the expense worthwhile? If they do, there is nothing that I know of to prevent opening shop. Remember the home company would have to manufacture the gun completely in the new state. Shipping in parts or sub-assemblies will null and void the state law.
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

  9. #23
    Senior Member Array wjh2657's Avatar
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    Quote:

    "According to a law signed into effect yesterday by Democratic Gov. Dave Freudenthal, any agent of the U.S. who "enforces or attempts to enforce" federal gun rules on a "personal firearm" in Wyoming faces a felony conviction and a penalty of up to two years in prison and up to $2,000 in fines."

    I will believe this when I see Federal Agents locked up in Wyoming state prisons for violating this law. I cannot believe that Wyoming courts will never try to enforce this law.

    I don't disagree with the Governor's reasoning behind the law and I applaud his courage in stating it. I just don't believe that it can be effectively enforced. It will be over-ridden by the Federal government.
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

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