Tenth Amendment Center

[huskergun]

http://www.tenthamendmentcenter.com/


MUST READ: A History Lesson on Unfunded Mandates from Prof. Rob Natelson

"...That the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who adminster the government, and not the constitution, would be the measure of their powers."
--Thomas Jefferson

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Will Missouri Nullify Federal Gun Laws?
by Michael Boldin
 
Missouri State Representative Cynthia Davis has introduced the ?Firearms Freedom Act? (HB1230) ? prefiled for the 2010 legislative session. The bill ?Asserts the right of the State of Missouri to regulate the intrastate use and acquisition of certain firearms pursuant to the reserved powers of the state over intrastate commerce and the Second Amendment right to keep and bear arms.?

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ?nullifies? a federal law, it is proclaiming that the law in question is void and inoperative, or ?non-effective,? within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states.

A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010. Thirteen states now have some form of medical marijuana laws ? in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law virtually null and void.

In liberty,


Michael Boldin
Tenth Amendment Center



 

[Hardwood83]

Thanks for the link, I like this. There are a LOT of Federal laws & regulations that need to be nullified. What constitutional authority does Congress have to compel anyone to buy Health insurance? How can ATF tell Missouri (or any other state) how to 'regulate' guns within their borders? None & None. Maybe the states have finally had enough of unfunded mandates and illicit Federal meddling.

[A-FIXER]

And all things being equal could this also work against the citizens? Whats your take on this fella's

[Dan W]

The problem I  see is that all current firearms dealers are licensed under  federal law, and as such, can not legally defy federal law and remain in business and out of jail, despite any state law to the contrary. 

It would take a big brass set of cojones to stand against the feds on your own

[huskergun]

Sorry couldn't resist. Are these big enough? You can remove this if you like. Sorry. 

[Hardwood83]

The problem I  see is that all current firearms dealers are licensed under  federal law, and as such, can not legally defy federal law and remain in business and out of jail, despite any state law to the contrary. 

It would take a big brass set of cojones to stand against the feds on your own

No doubt- will end up getting 'settled' in court. With Montana and Tennessee's recent laws though it's a lot better chance then some perceived crackpot individuals daring to stand up to the all-knowing .Gov protecting us from ourselves.

So if it this is rightly decided the 'FFL' would only be necessary for interstate transfers, right? An instate manufacturer/distributor/dealer would only have to adhere to state law as long as said products remained in state? Isn't that the basics of Montana/Tennessee law? Congress/Fed authority only applies to INTERstate commerce so hands off?