The Oklahoma Firearms Freedom Act passed the State House by a wide margin this week.
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 79-12 and will now move to the State Senate for concurrence. (roll call here)
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 big margin of victory 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
If you live in Oklahoma, your State Senator and let them know you want a YES vote on HB2021. Find your Senator’s contact info HERE
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