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Federal efforts to unconstitutionally restrict firearms are becoming sillier and sillier as officials bend over backward to pretend they are merely "regulating interstate commerce". They have long decided to ignore the fact that the 2nd amendment supersedes the "commerce clause", and pretend there is ANY Federal authority to regulate firearms at all.
More and more states have had enough of it. This could have the additional benefit of spawning more gun manufacturers in the various states, so that state citizens can buy guns made in their state that were never involved in interstate commerce.
5th state exempts guns. Is Washington noticing?
'I think they're going to let it ride, hoping some judge throws out case'
Posted: March 15, 2010
9:11 pm Eastern
by Bob Unruh
A fifth state – South Dakota – has decided that guns made, sold and used within its borders no longer are subject to the whims of the federal government through its rule-making arm in the Bureau of Alcohol, Tobacco and Firearms, and two supporters of the growing groundswell say they hope Washington soon will be taking note.
South Dakota Gov. Mike Rounds has signed into law his state's version of a Firearms Freedom Act that first was launched in Montana. It already is law there, in Tennessee, Utah and Wyoming, which took the unusual step of specifying criminal penalties – including both fines and jail time – for federal agents attempting to enforce a federal law on a "personal firearm" in the Cowboy State.
(Full text of the article can be read at the above URL)
The Federal Government can regulate guns if they affect interstate commerce.
The 2nd amendment doesn't supercede the IC clause.
Sorry, but it does.
The 2nd amendment was just that: An amendment. Meaning, it changed what the Constitution says.
Before the 2nd was ratified, Congress had the power to regulate interstate commerce, including commerce involving interstate transport of firearms.
After the 2nd was ratified, Congress had the power to regulate interstate commerce, except commerce involving interstate transport of firearms.
That's what amendments do. If they didn't, then appointment of U.S. Senators by their state's legislatures, would still be legal, as well as popular election of those Senators.
Of course, you'll never catch the gun-rights-haters admitting it, or even broaching the subject.
While all of this is all well and good, it likely won't amount to anything. In particular, someone is going to have to volunteer to be the first guinea pig to test it out. All of this talk won't amount to a hill of beans when the ATF pulls up in the middle of the night and raids some poor gun maker's house, hauling him off to the federal gulag (if he's lucky - they just might shoot him and set fire to his house to make their point).
Rogue, thug-o-cratic federal agencies such as the IRS, ATF, DEA, etc are known to use brute, gestapo-like tactics to enforce their will - State, Local, and Municipal laws be damned.
While all of this is all well and good, it likely won't amount to anything. In particular, someone is going to have to volunteer to be the first guinea pig to test it out. All of this talk won't amount to a hill of beans when the ATF pulls up in the middle of the night and raids some poor gun maker's house, hauling him off to the federal gulag (if he's lucky - they just might shoot him and set fire to his house to make their point).
Rogue, thug-o-cratic federal agencies such as the IRS, ATF, DEA, etc are known to use brute, gestapo-like tactics to enforce their so-called laws - State, Local, and Municipal laws be damned.
As HS Precision manufactures firearms used by many of our federal agencies, that would be pretty stupid on the part of BATFE.
Dakota Arms manufactuers high end shotguns and rifles. Works of art, really. Most of their purchasers will live outside of SD so this state law will not come into play very often over their firearms.
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