West Virginia State Delegate Gary Howell has introduced a bill very similar to the original Montana Firearms Freedom Act.
The purpose of this bill is to exempt firearms, firearms accessories and ammunition from federal regulation if they are manufactured and maintained in the State of West Virginia.
House Bill 2427, introduced on Jan. 9, 2014, clarifies that the Commerce Clause of the U.S. Constitution does not extend to products manufactured and sold entirely within West Virginia’s borders. This bill is cosponsored by Delegates Ireland, Storch, Hamilton, Rowan and Kump and has been submitted to the House Judiciary Committee.
The bill sites both the 9th and 10th Amendments and goes on to say that “The regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution.”
West Virginia is one of several states introducing this type of legislation due to a growing understanding of the 10th Amendment. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
This legislation seeks to protect gun rights, but it does not rely on the Second Amendment. It rests exclusively on the intended limitations of the commerce power delegated to Congress. The Second Amendment Preservation Act takes a more holistic approach to protect the right to keep and bear arms by prohibiting state cooperation with enforcement of ALL federal laws violating the Second Amendment. You can find more information about the Second Amendment Protection Act HERE.
THE COMMERCE POWER
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.”
ACTION ITEMS FOR WEST VIRGINIA
1. Contact your Representative. Respectfully tell your Representative to support HB2427.
To find and contact your representative, click here.
2. 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: http://tenthamendmentcenter.com/2ndamendmentpreservation/
3. 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.
LEGISLATION
Encourage your State, County, City and Town to introduce legislation to protect your right to keep and bear arms today. Model legislation here: http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/
- Ohio Bill Takes on all Federal Attempts to Implement More Gun Control - February 12, 2016
- Gun Control and the Constitution: There are No Exceptions to “Shall Not Be Infringed” - October 27, 2015
- Kentucky Bill Would Nullify All Federal Gun Control - October 12, 2015