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  • Oni7734

    Plinker
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    Jan 15, 2011
    82
    6
    Speedway
    Does anyone know if this something similar is being/has been proposed in Indiana?

    Oklahoma House Committee Passes Firearms Freedom Act, 13-0 – Tenth Amendment Center Blog

    "The Oklahoma Firearms Freedom Act unanimously passed out of the House Public Safety Committee Wednesday.
    HB2021 would exempt firearms manufactured and remaining in the state of Oklahoma from federal law, federal taxation or federal regulation, including registration.
    The bill passed 13-0 and will move on to the calendar committee for further consideration. If approved, it will head to the House floor for a vote.
    The legislation, sponsored by Rep. Sean Roberts (R-Hominy), finds its foundation in a proper understanding of the commerce clause.
    “Regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution.”
    It continues, nullifying the unconstitutional federal expansion of the commerce power by reasserting state control over items manufactured and retained in the state:
    A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Oklahoma and that remains exclusively within the borders of Oklahoma is not subject to federal law, federal taxation or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. It is declared by the Oklahoma Legislature that those items have not traveled in interstate commerce.
    The Constitution states, “The Congress shall have power… to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes…The Congress shall have Power…to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Robert Natelson notes in The Original Constitution that there are misconceptions of the commerce clause in the Constitution, that the regulation of commerce is not exclusively enumerated to Congress and that commerce did not include everything under the sun. The states still have immense power to regulate commerce within their own state and even with foreign nations.
    Natelson writes, “Federalists repeatedly represented that the Constitution would leave the states as the sole government regulators of the vast majority of human actives. They affirmed that the central government would have almost no role over…use of personal property outside commerce, wills and inheritance, business regulation and licensing, manufacturing” and others.
    Also Natelson writes, “The Constitution banned states from imposing duties on imports or exports without the consent of Congress…otherwise, states were free to regulate commerce with foreign nations–and even to impose embargoes on goods from outside–subject to preemption by Congress or by federal treaties.”
    “This is a great first step, and the unanimous vote shows the level of support for this bill. People in Oklahoma don’t want D.C. messing with their guns.” Tenth Amendment Center communications director Mike Maharrey said. “The feds think they can pretty much regulate anything under the commerce clause, and this simply isn’t true when you understand the intent of the Constitution. Intrastate commerce is the purview of the states.”"
     

    NYFelon

    Master
    Rating - 0%
    0   0   0
    May 1, 2011
    3,146
    36
    DPRNY
    State of FFA legislation at the end of 2012

    map.gif


    That said, even states with FFA legislation still follow federal guidelines for the transfer of firearms, even those manufactured and sold for use in their originating state.
     

    Light

    Sharpshooter
    Rating - 100%
    5   0   0
    Sep 9, 2012
    637
    18
    Near Fort Wayne
    State of FFA legislation at the end of 2012

    map.gif


    That said, even states with FFA legislation still follow federal guidelines for the transfer of firearms, even those manufactured and sold for use in their originating state.

    I would imagine that it would only become applicable if a large civil unrest comes about and the state feels that the government has become tyrannical, and are willing to go to odds with them.
     
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