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Kentucky, West Virginia considering firearm freedom legislation

By on February 22, 2012 in Uncategorized 17

West Virginia and Kentucky lawmakers will consider legislation nullifying federal gun laws applying to firearms made and kept within state borders.

Under the auspices of the “commerce clause,” the federal government places all kinds of restrictions on firearms and ammunition.

Although the Constitution grants the federal government power to regulate interstate commerce, the ratifying conventions insisted on the Bill of Rights, making it clear that Congress and the other branches of the federal government may not infringe on certain rights, including the right to keep and bear arms, even when exercising legitimate powers. But federal courts have done nothing to protect individual rights, choosing instead to broaden the scope of federal “authority.” Furthermore, the Constitution grants absolutely no authority for regulation of intrastate commerce.

In 2009, Montana became the first state to fight back against federal firearms regulation through the commerce clause, passing the initial firearms freedom act. The legislation declared any firearm or ammunition manufactured within the borders of Montana, and sold and kept within the borders of Montana, does not fall under federal regulation.

Over the next two years, seven other states followed suit, enacting similar legislation.

Legislatures in two neighboring states will consider firearms freedom legislation during the 2012 session.

In Kentucky, Rep. Stan Lee (R-Lexington), Kim King, (R-Harrodsburg) and Alecia Webb-Edgington (R-Ft. Wright) introduced HB222 last month. The bill would exempt firearms made in the Commonwealth and stamped “Made in Kentucky” from federal regulation.

The bill’s authors base the state’s authority to regulate firearms remaining in the state on the Ninth and Tenth Amendments.

The regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the Constitution of the United States, particularly if not expressly preempted by federal law. The Congress of the United States has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition; and

The second amendment to the Constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Kentucky was admitted to statehood on June 1, 1792, and the guaranty of the right is a matter of contract between the Commonwealth and people of Kentucky and the United States as of the time that Kentucky was admitted as a state of the United States on June 1, 1792.

Sen. John Schickel (R-Union), Joe Bowen (R-Owensboro), Damon Thayer (R-Georgetown) and Mike Wilson (R-Bowling Green) introduced a companion bill (SB73) in the Kentucky Senate.

In West Virginia, Delegate Gary Howell (R-Mineral) along with 10 cosponsors introduced a similar measure. HB2705 declares, “The tenth amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of West Virginia certain powers as they were understood at the time that West Virginia was admitted to statehood in 1863. The guaranty of those powers is a matter of contract between the state and people of West Virginia and the United States as of the time that the compact with the United States was agreed upon and adopted by West Virginia and the United States in 1863.”

Sen. Dave Sypolt (R-Preston) sponsors a companion bill (SB107)  in the West Virginia Senate.

Lawmakers in Kentucky and West Virginia join Kansas legislators considering firearm freedom act legislation this year. To track bills across the U.S., click HERE.

 

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Freedom Ranger
Freedom Ranger

Trust me, I am not trying to nit pick, or object to what the good folks in the KT. legislature are trying to accomplish, and I sincerely hope all states follow suite. However, One of the problems I have already noticed in the KY. bill HB222 is, it clearly states" if Stamped,Made in Kentucky", that would not protect anyone who makes or reloads his own ammunition, or makes his own firearm. Also there must be thousands maybe hundreds of thousands of existing weapons in the state of KY. and perhaps millions of rounds of ammunition, powder and reloading materials. How about people who move to KY. who already own firearms or just traveling through the state. I think that "made in KY." stamp requirement is going to be a big problem, maybe I am wrong, but, I believe time will prove me right.

XianBlack
XianBlack

@Freedom Ranger First off, it's Ky. Next, is I'll look in to that and call my state rep.. As far as the Feds go, if these SOB's come for the guns in Ky. their going to get a very BAD reception.

Freedom Ranger
Freedom Ranger

@XianBlack

First off, I KNOW IT IS KY, and not KT. I am a native born Kentuckian. I made a typo. Secondly, I applaud the KY. legislature for doing what looks at first glance, an effort to bring front and center the issue of States rights, as defined within the Constitution. On the other hand I am always skeptical of any government action. For instance, If the proposed bill requires registering of all existing weapons, that would cause me to oppose the bill, at least and until that requirement is stricken from the bill. In other words , I would not support a bill that may have a loop hole, that could later on be construed by the local ,state or federal government to mean that only weapons stamped with "made in Kentucky" as being legal, and those without the stamp would become Illegal. And if there are no weapons manufactured in KY.the enemy will have actually made all weapons illegal, and that could result in attempts by the government to confiscate every weapon in the state. It would be easy to do if they have registered all or most of the weapons.

Sometimes our enemy comes disguised as a friend.

Mike Maharrey
Mike Maharrey

@Freedom Ranger I agree it's not a prefect bill, nor is it an end-all cure-all. But it is a positive step. Progressives got us to this point over more than 100 years a small step at a time. We will not get it all back at once.

The point of the bill is there is absolutely NO grey area when it comes to federal regulation of intrastate commerce. When things cross state lines...things blur. Obviously we stick to an originalist view of the commerce clause - that it only grants power to regulate trade. But with the Made in Kentucky stamp and the complete lack of interstate activity, there is no way the feds can argue control. That is the point. And in my reading of the bill, nothing precludes a private individual making a firearm and applying the stamp.

West Texan
West Texan

I agree with your premise. But what happens when the "Made in Kentucky" firearm leaves the Commonwealth? On a different matter, I've personally advocated states regulating their own drug laws. If some dorky zombie from California brings their wacky weed to Texas, we'll simply pin return to the left coast via Mexico on their rear end while wishing them an enjoyable trip back. No pun intended.

Freedom Ranger
Freedom Ranger

@West Texan

Why not just return all Californians whether they have pot or any other drug or not. They bring with them something far worse than any drug, it is called, commie koolaid, and they never leave home without it. Every Californian has it in their DNA, whether they were born there or just lived there.

Mike Maharrey
Mike Maharrey

@Freedom Ranger @West Texan You do realize the founder and executive director of the Tenth Amendment Center lives in LA. I can assure you - no commie cool-aid.

West Texan
West Texan

@Mike Maharrey@Freedom@west Do you mean Los Angeles or Lower Alabama? My wife's family is from California's LA while mine is from the latter. We do make a good match however. Personally I like California's geography and climate. Unfortunately, leftist mobs from Los Angeles and San Francisco have taken over the state's electorate. Thanks to Earl Warren's misinterpretation of representative government.

Freedom Ranger
Freedom Ranger

@Mike Maharrey@Freedom@west

You realize of course, I was kidding and I have several very good friends who also live there, however I think they all were born elsewhere.

I believe you. He lives there but, was he born there. Ronald Reagan also lived there, but was not a native son .He most definitely was not a commie koolaid drinker either.

Thomas Sowell lives there and he is not a commie koolaid drinker and is quite frankly one of the most reliable constitutionalist of anyone , anywhere.

All that being said, it is no secret that the overwhelming majority are the reason they are called, "the left coast." I remember when Washington State, and Oregon were way far right than they are currently, and the shift is because of Californians moving there. The same is true of Idaho, Montana and to a lesser extent Colorado. I was living in Colo. Springs in the early 80's and the place was practically taken over by those leaving silicon valley because they could move there and make less money but, they could buy a better home in Colorado for about a third of what they sold their house for in CA.

.

Freedom Ranger
Freedom Ranger

@West Texan

Maybe not a problem if going to Montana, unless the person or weapon or ammo gets stopped by the Gestapo before he makes it to MT .I am not sure but I don't beleive MT. or other states have to stamp their weapons as being made in MT.

Mike Maharrey
Mike Maharrey

@Freedom Ranger@West Texan The Montana legislation passed in 2009 does require the stamp."A firearm manufactured or sold in Montana under [sections 1 through 6] must have the words 'Made in Montana' clearly stamped on a central metallic part, such as the receiver or frame."You can read the Montana bill here.http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm

Freedom Ranger
Freedom Ranger

@Mike Maharrey@West Texan

Thanks, I actually read the bill and followed it, plus I also called and emailed the MT. legislators and the governors office to support the bill. But, that was about 10,000 miles back in the rearview mirror on this road we are being forced to travel towards communism. I also emailed every governor (except Hawaii) and state legislators, including Virginia to pass the MT. Law or something like it.