Bill would exempt SC-made guns from federal rules - Page 2

Bill would exempt SC-made guns from federal rules

This is a discussion on Bill would exempt SC-made guns from federal rules within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Governor Haley said she would sign an open carry bill. Maybe she will get the chance now. http://www.wyff4.com/news/local-news...k/-/index.html...

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Thread: Bill would exempt SC-made guns from federal rules

  1. #16
    Distinguished Member Array Brady's Avatar
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    Governor Haley said she would sign an open carry bill. Maybe she will get the chance now.

    http://www.wyff4.com/news/local-news...k/-/index.html
    Last edited by Brady; December 29th, 2012 at 09:45 PM. Reason: added link
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  2. #17
    Senior Member Array DMan's Avatar
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    Sounds like the Montana Firearms Freedom Act, has been in place since 2009.
    "Gun Free Zones" is where only criminals carry guns.

  3. #18
    Distinguished Member Array tangoseal's Avatar
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    Montana passed this a few years ago.... Yes States Rights are exceptionally more powerful than the Federal Govt. after all the states control the feds and the people control the states, atleast that is the law of the land. Anyways MT is my new home very soon. Leaving GA behind for the west where my spirit and mind and body and wife and I belong.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

  4. #19
    Senior Member Array Cokeman's Avatar
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    What would this mean exactly?
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  5. #20
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    Yep, I voted for him !

    J

  6. #21
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    Open carry would be nice, but I am more interested in carry in places that serve beer and wine. I do not drink but it is getting harder to find a place to eat that dose not serve some kind of alcohol and that means leaving my gun in the car.

  7. #22
    Senior Member Array DMan's Avatar
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    Quote Originally Posted by DMan View Post
    Sounds like the Montana Firearms Freedom Act, has been in place since 2009.
    Quote Originally Posted by Tangoseal
    Montana passed this a few years ago.... Yes States Rights are exceptionally more powerful than the Federal Govt. after all the states control the feds and the people control the states, atleast that is the law of the land. Anyways MT is my new home very soon. Leaving GA behind for the west where my spirit and mind and body and wife and I belong.
    Just because Montana and a few other states passed this, doesn't mean it is yet enforceable. AG Holder and the ATFE filed against the law saying that federal rules take precedent. There has been a lawsuit filed by the 2nd amendment foundation along with a few others to force the recognition of the state law. Last I heard it was hung up in the 9th circuit court of appeals.
    "Gun Free Zones" is where only criminals carry guns.

  8. #23
    Distinguished Member Array noway2's Avatar
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    Quote Originally Posted by tangoseal View Post
    Yes States Rights are exceptionally more powerful than the Federal Govt.
    This is akin to one of the comments I received from my congressional representative when he said that while the federal govt does have a part to play, gun (control) is mostly a states rights issue.

    Quote Originally Posted by DMan View Post
    Just because Montana and a few other states passed this, doesn't mean it is yet enforceable. AG Holder and the ATFE filed against the law saying that federal rules take precedent. There has been a lawsuit filed by the 2nd amendment foundation along with a few others to force the recognition of the state law. Last I heard it was hung up in the 9th circuit court of appeals.
    Just because the federal govt says that their law wins, it doesn't mean that the states will go along with it. This is already happening with marijuana where a couple of states have legalized it for recreational use and it is still illegal per federal law. The states are simply refusing to enforce the federal rule.

  9. #24
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    Out of curiosity what guns, ammunition, etc. are manufactured in South Carolina?

  10. #25
    Member Array EdJean's Avatar
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    Quote Originally Posted by StevePVB View Post
    Out of curiosity what guns, ammunition, etc. are manufactured in South Carolina?
    I know FNH handguns and other firearms are manufactured in Columbia, SC

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  11. #26
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    Oklahoma floated a bill like this a few years ago- I don't remember if it passed or not. I do remember my argument against it at the time (not that I don't support it, just where I see it failing)

    The notion is that the gun control laws are only allowable under the commerce clause of the Constitution. Thus if you eliminate interstate movement the commerce clause does not apply to the gun and the federal government cannot regulate it. However, even if the gun is assembled in SC it is still involved in interstate commerce unless the raw materials came from the state of SC, the ammunition and all raw materials of the ammunition come from the state of SC, and SC has a plan to ensure that the guns never leave the state of SC. If you fall short in any one of those areas the federal government will argue that they have the right under the commerce clause to regulate it any way they see as "necessary and proper".
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  12. #27
    Senior Member Array DMan's Avatar
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    Quote Originally Posted by noway2 View Post
    Just because the federal govt says that their law wins, it doesn't mean that the states will go along with it. This is already happening with marijuana where a couple of states have legalized it for recreational use and it is still illegal per federal law. The states are simply refusing to enforce the federal rule.
    Very true, however the AG and the president said they are not going to worry (or prosecute) those that violate the federal marijuana laws. They have a double standard in that they have indicated very strong desire to prosecute those that violate federal firearms law. This is where the difference is, the desire to pick and choose puts these state gun laws in trouble. These laws will languish in the courts until supreme court hears it. In the meantime the federal government will continue to enforce the laws they want to enforce, while admitting that they will ignore others.
    "Gun Free Zones" is where only criminals carry guns.

  13. #28
    Distinguished Member Array GlassWolf's Avatar
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    Quote Originally Posted by MADMAC959 View Post
    Anybody in South Carolina hear about this,

    An Upstate senator's proposed legislation would exempt weapons made in South Carolina from federal regulations.

    Sen. Lee Bright's Firearms Freedom Act would mean that firearms, ammunition and gun accessories made in South Carolina aren't subject to federal rules and oversight. Bright says his bill would allow South Carolina manufacturers to skirt federal regulations because the materials would not cross state lines.

    The Roebuck Republican pre-filed the bill on Dec. 13, a day before a massacre at an elementary school in Newtown, CT, where a gunman killed 20 children and six adults.

    Eight other states have already approved similar proposals, and dozens of others are considering them. Legislation approved in Montana is being challenged in federal court.

    I am still waiting on a change to allow us to open carry and to carry in restaurants that sell liquor/beer. I have not seen any activity on this yet.

    I'm in SC. Where do I sign? Maybe there's hope for those of us who still want a new AR after all.

  14. #29
    Member Array MADMAC959's Avatar
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    Senate Bill 85 (SB85) states that, “A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”

    The bill was filed by Sen. Lee Bright (R-Spartanburg) on Dec. 13

    The bill rests on the foundation of the Tenth Amendment, correctly asserting that powers not delegated are retained.


    “Whereas, the tenth amendment to the United States Constitution guarantees and reserves for the states all powers not granted to the federal government in the Constitution”

    Whereas, Article I, Section 20 of the South Carolina Constitution clearly secures to South Carolina citizens, and prohibits government interference with, the right of individual South Carolina citizens to keep and bear arms. This constitutional protection is unchanged from the 1895 South Carolina Constitution, which was approved by Congress and the people of South Carolina, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by South Carolina and the United States in 1895.
    peckman28 likes this.

  15. #30
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    I 'd like to see that pass. Along with every other state in the South doing it.
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