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.”
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 Louisiana 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.”
HB45 now moves on to the Appropriations Committee before going to the full State House.
ACTION ITEMS for Louisiana
1. Call the appropriations committee chair. Politely request that he schedule a hearing on HB45 – and that he votes YES as well.
Representative James R. “Jim” Fannin
2. Call the rest of the appropriations committee members. Strongly, but respectfully, urge each of them to vote YES on HB45
contact info here:
3. Get active on Facebook. Join the 2nd Amendment Louisiana group and stay active in support of HB45 and other legislation coming forward. http://www.facebook.com/groups/2ndAmendmentLouisiana/
4. Encourage your local community to take action as well. Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action is a great way to strengthen a statewide campaign against 2nd Amendment violations.
model legislation here:
5. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters.
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