The Tenther Grapevine
Introduced in the Texas State House last week was House Bill 145 (HB145), the Firearms Freedom Act. The bill, introduced by Rep. Jodie Laubenberg, states that:
The Legislature of the State of Texas declares that a firearm, a firearm accessory, or ammunition manufactured in Texas, as described by Chapter 2003, Business & Commerce Code, as added by this Act, that remains within the borders of Texas:
(1) has not traveled in interstate commerce; and
(2) is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.
Since 2009, 8 states have passed similar legislation as law – Montana, Tennessee, Utah, Wyoming, South Dakota, Idaho, Alaska and Arizona. And, here at the Tenth Amendment Center we expect to see at least a dozen other states consider Firearms Freedom Acts in 2011.
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 Texas 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.
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
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, on LinkedIn, and on Facebook.
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Why does it matter where it was manufactured? And how many guns/ammo/accessories currently owned in Texas were manufactured here?
[...] Firearms Freedom Act Introduced in Texas Excerpt: Since 2009, 8 states have passed similar legislation as law – Montana, Tennessee, Utah, Wyoming, South Dakota, Idaho, Alaska and Arizona. And, here at the Tenth Amendment Center we expect to see at least a dozen other states consider Firearms Freedom Acts in 2011. [...]
I think it was even worse. I believe Hitler was actually appointed instead of elected.
Sorta like one of our tzar's….
This is a completely pointless law that will do nothing but maybe get more votes for the politicians who vote for it.
A state cannot define federal jurisdiction.
Not to mention that any company would be subject to federal jurisdiction if they bought their casing material from a company that mined the metal outside of Texas, or the metal to manufacture a gun or accessory.
It doesn't matter if the gun was manufactured in Texas and never left the state. Did the manufacturer buy machines for its plant from a company in Michigan? Uh oh, interstate commerce.
Any gun/ammo/accessory company that so narrowed itself to avoid interstate commerce would have such a poor business model it would go out of business.
Yessir…. Be ever vigilant and never stop watching the biggest threat we have is in our own shores…
Semper Fi!!!
And remember Hitler was elected to office….
Hahaha … One big Government Party???? Republicans??? Dems are expanding Gov. MORE than Conservatives ever did… thank GOD we can spank them down and stop them from taking over everything!! REPUBLICANS AND CONSERVATIVES want to limit Gov. to the Constitution …. I think he likes shooting his guns as much as I do and will sign it for the personal freedom and backing he gets from conservatives like me.
Oh … What kind of lightbulbs do you like?? I like to CHOOSE MINE.
If the General government will not abide by the Second Amendment , adopted at the same time as the Tenth Amendment, and which presumably cancels any authority over arms (the right of the people to keep and bear arms shall not be infringed), why does anyone think they will desist from infringing on the right to keep and bear arms merely because the Tenth Amendment is waved at them? And by arguing exemption on the theory of intrastate commerce, do you not realize that you are gutting the Second Amendment because you are conceding authority over interstate commerce in arms?
[...] TenthAmendmentCenter notes that Texas State Rep. Jodie Laubenberg introduced HB145, the Firearms Freedom Act: The Legislature [...]
[...] This post was mentioned on Twitter by SteveTaff, A Distant Vision. A Distant Vision said: Firearms Freedom Act Introduced in Texas – Introduced in the Texas State House last week was House Bill 145 (HB145),… http://ow.ly/19ZZo9 [...]
I am not a fan of language, which essentially states: "guns are excluded from your jurisdiction if they are not in your jurisdiction." What the heck is that??? They really should try and be a little more precise.
This will be interesting … Governor Perry likes to shout “secede” when it will get him votes from the so-called “Tea Party” and he likes to do PR stunts in which he demonstrates himself as such a pro-gun guy (like shooting AR style rifles or claiming he shot a coyote in an affluent suburban neighborhood, etc.), but his veto record and actions scream “neo-con”. Only his words suggest he’s truly an advocate for states’ rights and true liberty.
This, however, will hold his toes to the fire. If the Texas legislature passes it, and it ends up on his desk, Perry will look like a poseur if he doesn’t support a gun-rights bill, which would be horrible to his political career. And at the same time, if he signs it into law, he may get in trouble with the puppet masters who pull his strings from higher up in the Republican “One Big Government” Party. My suspicion is that he’ll sign it, because politicians are winning and losing votes based solely on gun rights these days.