From the “Way up North” blog:
The local NBC affiliate is all wee-wee’d up this morning, having suddenly discovered that Gov. Sean Parnell signed “the Firearms Freedom Act,” which exempts firearms, accessories and ammunition made and kept in state from federal gun regulations. The firearms in question also must have “Made in Alaska” stamped on them.
That law goes into effect today; the talking heads blathered something-or-other about Montana, but neglected to mention Tennessee having done the same thing, with the same result: letters from the BATFE threatening dire results if gun dealers attempt to follow state law.
Alaska now joins Montana, Tennessee, Utah, Wyoming, South Dakota, Idaho, and Arizona as the eighth state to have passed the act into law.
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 Alaska 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.
In a prepared statement, the Act’s sponsor, Representative Mike Kelly said: “The Alaska Firearms Freedom Act frees Alaskans from overly-bureaucratic and restrictive federal firearm regulation, and allows our state to assume the responsibility for regulation. The Interstate Commerce Clause is used by the federal government to regulate firearms that cross state borders. The Alaska Firearms Freedom Act makes it clear that Alaskans will be responsible for firearms that are made in Alaska, for use in Alaska, and have ‘Made in Alaska’ stamped on them.”
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
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