The Oklahoma legislature has passed Senate Bill 1685 (SB1685) the Firearms Freedom Act. It first passed the State Senate in March by a vote of 39-3 and the House concurred yesterday by a vote of 81-14.
Upon an expected signature from the Governor, Oklahoma will become the 9th state to pass the act into law, joining Montana, Tennessee, Utah, Wyoming, South Dakota, Idaho, Arizona, and Alaska – who’s governor is also expected to sign the act into law shortly.
The United States Constitution gives Congress the authority to regulate Interstate Commerce between the states and 18 USC 922 makes it unlawful for any person not licensed as a manufacturer or dealer in firearms to engage in the business of manufacturing or dealing in firearms. Collectively, the Interstate Commerce Clause and 18 USC 922 are used by the federal goverenment as a means to regulate firearms.
The Oklahoma Firearms Freedom Act addresses this by exempting firearms, firearm accessories, and ammunition manufactured and retained in the state from all federal firearm control laws including registration, as firearms that meet these criteria cannot be regulated by the federal government because they have not traveled in interstate commerce.
From the bill:
A personal firearm, a firearm accessory, or ammunition that is manufactured or assembled commercially or privately in the state of Oklahoma and that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.
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.
CLICK HERE to view the Tenth Amendment Center’s printable Firearms Freedom Act Brochure (pdf)
CLICK HERE to view the Tenth Amendment Center’s Firearms Freedom Act Legislative Tracking Page