Oklahoma to Consider Nullification of Federal Gun Laws

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Oklahoma State Representative Lewis Moore has introduced a “Firearms Freedom Act” for the state – it’s pre-filed for February 1, 2010 as House Bill 2884 (HB2884).

If passed, the will would provide that:

A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Oklahoma and that remains within the borders of Oklahoma is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.

“Our system of government clearly leaves regulation of intrastate commerce to the states, so my bill will explicitly protect the rights of Oklahomans to purchase guns manufactured in Oklahoma without being subjected to federal red tape while also protecting firearms manufacturers from frivolous litigation,” Moore said. “This is a common-sense measure that I believe will get bipartisan support.”

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 other activities that they see as not being authorized to the Federal Government by the Constitution.

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. Implied in such legislation is that the state apparatus will enforce the act against all violations – in order to protect the liberty of the state’s citizens.

Oklahoma’s bill brings the number to 16 states that have seen a Firearms Freedom Act introduced in the past year – most recently, New Hampshire, Virginia and Missouri.

Sources close to the Tenth Amendment Center tell us to expect to see nearly two dozen states consider similar legislation in the coming legislative session.

CLICK HERE – to view the Tenth Amendment Center’s Firearms Freedom Act Tracking Page

Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin - and visit his personal blog - www.michaelboldin.com

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This entry was posted on Thursday, January 14th, 2010 at 7:06 pm. It is filed under Firearms Freedom Act, Sovereignty Movement and tagged with Oklahoma HB2884, Oklahoma Sovereignty. You can follow any responses to this entry through the RSS 2.0 feed.