Several Kentucky lawmakers have co-sponsored a bill that would exempt firearms, firearms accessories and ammunition from federal regulation if manufactured and maintained in the State of Kentucky.
HB 293 was introduced on Jan. 30, and assigned to the Judiciary Committee on Feb. 3. Cosponsors include J. DeCesare, D Floyd, K. King, S. Lee, D. Mayfield, D. Osborne, B. Rowlands, A. Waide, and A. Wuchner. The bill states in part:
A personal firearm, firearm accessory, or ammunition that is manufactured commercially or privately in Kentucky and that remains within the borders of Kentucky is not subject to federal law or federal regulation, including registration, under the authority of the Congress of the United States to regulate interstate commerce. It is declared by the General Assembly of the Commonwealth of Kentucky that those items have not traveled in interstate commerce.
The Kentucky Firearms Freedom Act seeks to encourage firearm manufacturing and sales within the state, but it does not rely on the Second Amendment. It rests exclusively on the intended limitations of the commerce power delegated to Congress and clarifies that the Commerce Clause of the U.S. Constitution does not extend to products manufactured and sold entirely within Kentucky borders.The bill cites both the Ninth 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.”
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 by clicking 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.”
For those who live in Kentucky: Contact your Representative. Respectfully tell your Representative to support HB 293. To find and contact your representative, click HERE.
For those outside: Contact your state representative and respectively ask them to introduce similar legislation. You can find out your state representatives by clicking HERE.