Louisiana Representative Joseph Lopinto introduced a bill to protect ”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.”
HB45 would revise Louisiana statutes by adding “Section 1. Part V of Chapter 9 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S. 40:1821 through 1833, is hereby enacted to read as follows:”
(1) The Louisiana Legislature recognizes the authority of the United States Congress to regulate matters of commerce between states, and also recognizes that Article VI, Section 2 of the Constitution of the United States proclaims that such laws made under the authority of the United States shall be the supreme law of the land.
(2) The Tenth Amendment of the Constitution of the United States provides that, “[t]he 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.”
(3) The Ninth Amendment of the Constitution of the United States provides that, “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
(4) In the absence of a constitutional prohibition, or a specific delegation of authority to the United States government, all regulation of intrastate commerce is expressly reserved to the authority of the states.
(5) The Second Amendment of the Constitution of the United States provides that, “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
(6) Article I, Section 11 of the Constitution of Louisiana provides that, “The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.”
(7) The state of Louisiana has a compelling interest in protecting and preserving the fundamental rights of its citizens to keep and bear arms. The provisions of this Part are intended to preserve and protect the right to keep and bear arms within the borders of the state of Louisiana.
(8) It is the express intention of the Louisiana Legislature that the provisions of this Part shall provide for the manufacturing and sales of certain firearms, firearm accessories, and ammunition which are manufactured solely within the borders of the state of Louisiana.
(9) The Louisiana Legislature declares that the provisions of this Part are deemed to be matters of intrastate commerce and are not subject to federal regulation through regulation of commerce between the states.
The bill goes on the thoroughly describe materials and manufacturing of a firearm, firearm accessory, or ammunition that is manufactured commercially or privately its sale and the rules and regulations of Louisiana. But the main crux of the bill is that if it is manufactured, sold and remains within the borders of Louisiana it does not fall under the jurisdiction of the federal government’s Interstate Commerce clause.
If you live in Louisiana, contact your state legislator. Let him or her know of your concern for your access to a firearm, firearm accessory, or ammunition protected by your Second Amendment rights and that you expect support of this legislation. Click here for Representative contact information and here for the Senate.
LEGISLATION AND TRACKING
If you would like a bill like this to be introduced in your state or local community, see the Tenth Amendment Center’s model legislation, The Second Amendment Preservation Act.
To track Firearms Freedom Acts throughout the country, click HERE
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