

States considering Firearms Freedom Act legislation

Lawmakers in the state of Montana who initiated the idea of a Firearms Freedom Act to declare guns made, sold and kept in the state exempt from federal regulations now want to beef up the plan.

They want penalties to apply to any "official, agent, or employee" of the federal government "who purposely or knowingly enforces a law, regulation, or order of the United States relating to a personal firearm, firearm accessory, or ammunition manufactured in this state."

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Their plan is a penalty, upon misdemeanor conviction, of "a term of imprisonment in a county jail for not more than 1 year, fined an amount not to exceed $2,000, or both."

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The idea follows closely the outline of a provision adopted by Wyoming when lawmakers there originally approved their own Firearms Freedom Act. WND reported when Wyoming included penalties for any agent of the U.S. who "enforces or attempts to enforce" federal gun rules on a "personal firearm."

The costs there could be up to two years in prison and $2,000 in fines for an offender.

Meanwhile, a number of additional states are considering during their 2011 legislative sessions the provisions of a firearms freedom act, and they could double the number of states with such laws.

According to a compilation by the Tenth Amendment Center, lawmakers in Oregon, Texas, Illinois, Kentucky, West Virginia, South Carolina, Virginia and New Hampshire are mulling plans for the concept that now is facing a court challenge at the 9th U.S. Circuit Court of Appeals in California.

That's where Montana's statute ended up when state officials took to court seeking a declaration that the federal jurisdiction stopped where their state law took over inside their state boundaries.

A district judge sided with the federal government, which argued that it could set rules and regulations for products and transactions inside state boundaries.

A year ago, shortly after Montana took the lead on the issue, Wyoming, Idaho, South Dakota, Alaska, Arizona, Utah and Tennessee adopted Firearms Freedom Acts. The new round of proposals, if adopted this year, would double that number and encompass nearly one-third of the states.

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Montana's Firearms Freedom Act supporters, including the Montana Shooting Sports Association, the Second Amendment Foundation and MSSA President Gary Marbut of Missoula filed their notice of appeal with the 9th Circuit.

The original law "is designed to test the power of Congress to regulate everything without limits under the narrow power given to Congress in the Constitution to 'regulate commerce … among the states,'" they are arguing.

Briefs in support of the state law have been filed by the state of Utah and other states, the Goldwater Institute, the Paragon Foundation of New Mexico, several groups of state lawmakers, the Weapons Collectors Society of Montana, the state of Montana itself, and others.

"It is totally obvious from the positions of federal participants, both lawyers and judges for the U.S.," Marbut said, "that the federal establishment definitely, almost desperately, wishes to prevent this issue from having a trial on merit."

The ultimate results of the case could undercut the authority of the federal government on issues not only including guns, but marijuana, REAL ID, health care, the national guard, taxes and other issues.

It was U.S. District Judge Donald Molloy who affirmed the "findings" of Magistrate Jeremiah Lynch in dismissing the case.

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