Prefiled in the South Carolina by State Senators Lee Bright and Danny Verdin is Senate Bill 249 (S0249), the Firearms Freedom Act (FFA). The bill states that:
A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of 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, control and often-times ban, firearms.
The South Carolina 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.
“Basically, we’re saying if the gun is made here, South Carolina is going to say what kind of regulations apply,” Bright said. “We feel that South Carolinians should be able to determine how to protect themselves — not the federal government — which is why most people have firearms.”
CLICK HERE to view the Tenth Amendment Center’s model legislation, the Intrastate Commerce Act, which takes the FFA principle to its full extent – all goods grown and made in state are under state, not federal, purview.
CLICK HERE to view the Tenth Amendment Center’s Firearms Freedom Act Legislative Tracking Page
CLICK HERE to view the Tenth Amendment Center’s printable Firearms Freedom Act Brochure (pdf)