The Missouri House will consider a Firearms Freedom Act addressing regulation of firearms kept exclusively within the borders of the state.
Rep. Chrissy Sommer sponsored HB1164, a bill that would ban federal regulation of firearms not entering into interstate commerce.
The act rests on the fact that the federal government cannot regulate firearms sales, movements and manufacturing that occur exclusively on an intrastate basis as part of its interstate commerce power. in addition to the limits of the commerce clause, the Constitution also contains the Second Amendment, expressly forbidding infringement of the right to “keep and bear arms”
“The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition;”
In the “commerce Clause”, 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 his book, The Original Constitution, that there are misconceptions of the commerce clause and regulation of commerce does not include everything under the sun. The states still have immense power to regulate commerce within their own borders.
“Federalists repeatedly represented that the Constitution would leave the states as the sole government regulators of the vast majority of human activities. 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.”
He went on to say, “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.”
The Firearms Freedom Act serves as a kind of jobs bill, letting gun manufacturers know Missouri is open for business.
This bill will compliment the Second Amendment Protection Act by encouraging more firearms production within the state, and ensuring state protection of the fledgling manufacturing sector created against any federal backlash that might happen.
1. Call your House member: If you need to find the email phone number or physical address, you can find them here Tell them you want them to co-sponsor, and encourage their leadership to get this bill a committee hearing. I can’t encourage you to do this enough, politicians judge the merit of a piece of legislation by the amount of heat they get on the phone, and in their mail slot.
2. Get active on the 2nd amendment Mo group on Facebook, and help it grow: This group is dedicated to nullifying all unconstitutional gun control laws in Mo. If you do not know how to join that group click this link
3. Remember all politics is local, to create a real buzz at the capital, encourage your respective counties cities, and Sheriffs to nullify in their respective spheres of authority. How hard would it be to pass on this bill when they have several counties who have already taken action? So after you contact your representative, go right ahead and contact your councilor, or Sheriff, and send them the model legislation here:
4. Stay tuned to the TAC, for more info and updates on the bill