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Will Virginia Nullify Federal Gun Laws?

By on January 2, 2010 in Firearms Freedom Act, Sovereignty Movement 12

Delegate Charles W. Carrico, Sr. has introduced House Bill 69 (HB69) in the Virginia Legislature. The bill, known as the Firearms Freedom Act, “Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.”

Virginia joins New Hampshire, Missouri, Utah and a number of other states considering such legislation. Montana and Tennessee have already passed similar bills into law.

As previously reported here, while the FFA’s title focuses on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government. The bills in state houses contain language such as the following:

“federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in [this state] and remains in [state]. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.”

The Virginia House of Delegates is back in session on January 13, 2010.

Click here to track all current Firearms Freedom Act legislation

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4 comments
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James Hand
James Hand

Nullification sounds fine in theory, but how could it possibly hold up in actual practice? How would Virginia prevent locally produced and purchased firearms and ammunition from being exported to neighboring states? Failure to do so, and vigorously will lead to endless civil lawsuits by those outside Virginia who are affected by illegally exported arms against the state itself.

Mike
Mike

I disagree.

James Hand
James Hand

It is not a matter about testing the law per se, but the fact that federal laws do not apply to civilian firearms that is manufactured in a particular state. That itself, is very clear to me.

Warren Stott
Warren Stott

How do they plan to test this law? Is the state going to keep the gun store owners and manufacturers from being arrested by the feds when they produce and sell these arms without a federal license to do so? Is the state going to let these people be arrested and have there lives ruined and have them go through a federal court to test if this is good law? I am for local laws preempting federal law but I dont know if I like how this will have to play out.

Trackbacks

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  7. uberVU - social comments says:
    January 2, 2010 at 5:43 pm

    Social comments and analytics for this post…

    This post was mentioned on Twitter by TenthAmendment: #10th: Will Virginia Nullify Federal Gun Laws? http://blog.tenthamendmentcenter.com/2010/01/will-virginia-nullify-federal-gun-laws/…

  8. Tweets that mention Will Virginia Nullify Federal Gun Laws? | Tenth Amendment Center Blog -- Topsy.com says:
    January 2, 2010 at 2:25 am

    [...] This post was mentioned on Twitter by TenthAmendmentCenter, A Distant Vision. A Distant Vision said: Will Virginia Nullify Federal Gun Laws? – Delegate Charles W. Carrico, Sr. has introduced House Bill 69 (HB69) in t… http://ow.ly/16fJ9P [...]