The Oklahoma Firearms Freedom Act unanimously passed out of the House Public Safety Committee Wednesday.
HB2021 would exempt firearms manufactured and remaining in the state of Oklahoma from federal law, federal taxation or federal regulation, including registration.
The bill passed 13-0 and will move on to the calendar committee for further consideration. If approved, it will head to the House floor for a vote.
The legislation, sponsored by Rep. Sean Roberts (R-Hominy), finds its foundation in a proper understanding of the commerce clause.
“Regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution.”
It continues, nullifying the unconstitutional federal expansion of the commerce power by reasserting state control over items manufactured and retained in the state:
A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Oklahoma and that remains exclusively within the borders of Oklahoma is not subject to federal law, federal taxation or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. It is declared by the Oklahoma Legislature that those items have not traveled in interstate commerce.
The Constitution states, “The Congress shall have power… to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes…The Congress shall have Power…to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Robert Natelson notes in The Original Constitution that there are misconceptions of the commerce clause in the Constitution, that the regulation of commerce is not exclusively enumerated to Congress and that commerce did not include everything under the sun. The states still have immense power to regulate commerce within their own state and even with foreign nations.
Natelson writes, “Federalists repeatedly represented that the Constitution would leave the states as the sole government regulators of the vast majority of human actives. They affirmed that the central government would have almost no role over…use of personal property outside commerce, wills and inheritance, business regulation and licensing, manufacturing” and others.
Also Natelson writes, “The Constitution banned states from imposing duties on imports or exports without the consent of Congress…otherwise, states were free to regulate commerce with foreign nations–and even to impose embargoes on goods from outside–subject to preemption by Congress or by federal treaties.”
“This is a great first step, and the unanimous vote shows the level of support for this bill. People in Oklahoma don’t want D.C. messing with their guns.” Tenth Amendment Center communications director Mike Maharrey said. “The feds think they can pretty much regulate anything under the commerce clause, and this simply isn’t true when you understand the intent of the Constitution. Intrastate commerce is the purview of the states.”
LEGISLATION AND TRACKING
If you would like a bill like this to be introduced in your state or local community, see the Tenth Amendment Center’s model legislation, The Second Amendment Preservation Act.
To track Firearms Freedom Acts throughout the country, click HERE
ACTION ITEMS
If you live in Oklahoma, contact members of the Calendar Committee and let them know you want them to pass HB2021 on to the House floor for a vote. You can find committee member contact information HERE.
Also contact your representative and ask them to support the bill. You can find legislator contact information HERE.
States cannot override federal law under the Constitution and existing case law. Under existing case law even the production of goods that occur entirely within a state may be regulated by the federal government if the use of the good affects the market for similar goods under interstate commerce (Wickard vs. Fillburn, 317 US 111, 1942). Under the supremacy clause of the Constitution federal law prevails over inconsistent state law which would make this federal case prevail over the OK law. Aside from the merits or lack thereof of this bill, one wonders if the state of Oklahoma has adequate, or any, legislative counsel reviewing proposed laws. This law is absurd on its face.
@MikeAvina What about the marijuana laws recently recently passed in WA and CO? Federal law still trumps state law, but state and local officers are turning a blind eye to federal law. I don’t see this passing, but if it were to pass I imagine they would do the same thing as WA and CO.
@indyrallen Oklahoma FTW!
@_PatJohnson_
Hell yeah, Makes us Red Dirt Okies very proud http://t.co/6heV6re7K8
great news lovin it. impeach obama.
@ILamy7 Yes!
@BonzerWolf @Zite way to do Oklahoma!!!
@libertyspot Nice!
How does this affect Felons? What are the gun laws for them?
@Plssbm05
Does that matter how it affects felons they can make them now or buy them from an individual either way do they give one bit