Today, the Louisiana House Committee on Administration of Criminal Justice passed the Louisiana Manufactured Firearms and Ammunition Act by a vote of 10-1. House Bill 45 (HB45) would exempt firearms manufactured and remaining in the state of Louisiana from federal law, federal taxation or federal regulation, including registration.
The legislation, sponsored by Rep. Joseph Lopinto, finds its foundation in a proper understanding of the commerce clause.
“In the absence of a constitutional prohibition, or a specific delegation of authority to the United States government, all regulation of intrastate commerce isexpressly reserved to the authority of the states.”
It continues, nullifying the unconstitutional federal expansion of the commerce power by reasserting state control over items manufactured and retained in the state:
A Louisiana manufactured firearm, firearm accessory, or ammunition that is manufactured commercially or privately in Louisiana pursuant to the provisions of this Part and which remains within the borders of Louisiana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the Louisiana 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.”Details