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View Full Version : Constitutional Show Down?



Full-Auto
05-24-2010, 11:25 AM
I know some of you have read about recent laws passed in Wyoming, Tennessee and Montana (http://billingsgazette.com/news/state-and-regional/wyoming/article_c7812604-274d-11df-bc95-001cc4c03286.html) basically telling the federal government it has no right to regulate firearms manufactured within their respective states.

These laws are called "Firearms Freedom Acts" and as you can see from this site (http://firearmsfreedomact.com/state-by-state/) they are gaining some traction with many states considering similar legislation currently.

Wyoming's law goes further than the other two states' laws in that it actually imposes a penalty on federal agents attempting to enforce federal firearms laws within their state. This penalty is a felony that carries a 2,000 fine and 1 year prison sentence.

The BATFE (federal gun enforcement branch) has issued a warning to Tennessee and states that federal courts have upheld federal gun laws.

While the Tennessee and Montana laws have no teeth, Wyoming's does.

Will the ATF attempt to prosecute Wyoming gun dealers who refuse to do background checks, fill out federal paperwork on gun buyers or ignore restrictions on barrel length, "assault weapons", etc.? Will Wyoming in fact arrest federal agents or attempt to? How will federal agents respond to state authorities arresting them using force? Will tempers flare and gun fire erupt? Will they go peacefully and will the fed's attempt to force their release?

It seems pretty serious, and Wyoming is dead serious about this. Other states are moving to enact similar laws... will this force the feds to do something drastic for fear of losing their control?

NJCardFan
05-24-2010, 11:48 AM
Considering the Obama administration has no respect for the Constitution, you can expect them to trample on it here as well.

noonwitch
05-24-2010, 02:41 PM
Just from reading the article, it sounds like it's an issue for a higher court to hear and decide, not for a federal bureaucracy. The latter is only interested in the fines they can collect for violations, anyways.


I live in a state with pretty strict gun control laws, but not as strict as some other northern states-hunting is still a big part of our economy. Most of Michigan is pretty rural, it's just the southern part that is urban (not just Detroit, but GR and Lansing, too, are fairly large metropolitain areas). Nobody here is really advocating for doing away with record checks of prospective gun owners. I actually support that policy, but in this type of case, I think the federal bureau is just looking for a way to fine people, not a way to keep people safe.

fettpett
05-24-2010, 04:40 PM
at lest with Montana's law the Guns/Ammo has to be Manufactured WITHIN the State in order for the State law to be in affect.

The Federal Government can enforce the law on anything thats Interstate commerce, not Intrastate. They try to take on such laws, they'll lose based on the Commerce Clause and how it's been enforced. (the Mann Act for example)

Edit: It looks like Wyoming's law is very similar, has to be made and kept in Wyoming, it also toughens restrictions

Ironically, the legislation also toughens state gun laws: it bans convicted felons, mental patients and people younger than 21 from being able to buy Wyoming-made firearms.

I don't see the Supreme Court having an issue with this law in lieu of the DC Gun Ban ruling