Oklahoma Bill Exempts Guns from Federal Law
From Jawa:(Oklahoma City, Oklahoma) A bill has been introduced in the Oklahoma legislature to protect the Second Amendment rights of the state's citizens. Made in and remaining in Oklahoma firearms will be exempt from federal gun regulations.
House Bill 2884, creates the "Oklahoma Firearms Freedom Act," which declares that a "personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Oklahoma and that remains within the borders of Oklahoma is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce."IMO, it's a good idea to limit federal involvement whenever possible. Over a dozen other states agree and have initiated similar legislative measures. (More ....)The legislation notes that regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution and that Article II, Section 26, of the Oklahoma Constitution "clearly secures to Oklahoma citizens, and prohibits interference with, the right of individual Oklahoma citizens to keep and bear arms."
14 comments:
Pastorius,
I'm a supporter of the second amendment, but I don't think the way they are going about this is constitutional. How can a state just refuse to obey federal laws? In California we have something called sanctuary cities, where federal immigration laws are not enforced. I don't see how that is constitutional, so I don't see how this is either. I do think federal involvement should be limited, but I don't see how state governments can just refuse to allow the enforcement of federal laws. What they should be trying to do is change the federal law, either by getting congress to change it or by getting the supreme court to overturn it on constitutional grounds. I have a feeling that the Oklahoma's law will end up being challenged in federal court and get thrown out.
Damien, the 10th Amendment to the US Constitution deals with Powers of the States and People under Constitution
Anything not expressly granted to the Federal government is reserved for the States or the People. Although this amendment is very liberally interpreted, it IS one of the tenets of the Constitution. This amendment is also known as the States' Rights Amendment.
Anonymous,
I know that, but this law is going to be challenged in federal court anyway.
Maybe, Damien, but Montana (I think) already has or is close to having a very similar law.
And should the court come down on the side of the Fed, and Oklahoma refuses to obey what they clearly see as unConstitutional, what then? The Feds going to force it? Cut off federal funding? Arrest everyone in the Oklahoma legislature who doesn't comply? And what then would be Oklahoma's response?
That's where this country started, isn't it? People rebeling against a system they saw as too authoritarian.
It's noit just the Second Amendment, either. Many starts are owrking on States Rights Bills because of al manner of grievances. It is one of the ways a number have said they will use to stop Obamacare from being enacted in their own states.
It already is being challenged by the ATF which is using the commerce clause to overide the tenth amendment. In other words, the TN law protects weapons mfg. in TN. It does nothing to protect weapons mfg. in any other state. Watch for gun mfg. to relocate to states which reaffirm their tenth amendment rights. The Federal Government is therefore implying it is not bound by the Constitution of the United States. That is UNCONSTITUTIONAL.
Midnight Rider,
We are going to find out where this is headed. Hopefully the federal law will be overturned.
And hopefully that will happen before the worse case scenario is realized.
It's the ultimate Federal law that needs to be upheld. As the Founders intended it. That whole shall not be infringed thing :)
Which is kind of what invoking the Tenth Amendment does.
But yeah, you're right, before the worst case scenario is realized (although there are days where I don't see much of a way around that anymore)
Damien,
You said: How can a state just refuse to obey federal laws?
I say: The states have the right to secede. That was one of the battles that led to the Civil War. Lincoln successfully denied the Southern States the right to secede. Thank God.
However, what he did was not right Constitutionally.
That's how I understand it.
Anyway, the whole point is moot, Damien. The Feds do not have the right to deny us our second amendment rights. It's as simple as that.
It is an abomiination that hand guns are illegal in our nations Capitol.
We should have put our foot down a long time ago.
Listen, I'm not even a gun guy, but the Obama Adminisration might drive me to become one.
There's a really good reason the Second Amendment follows the Free Speech amendment. And, that is because the only way free speech can be denied to human beings is by force.
We need to be able to back up our words with a gun, if the government decides to try to limit free speech.
Actually I don't think the right to secede was ever settled. I think you would have found Jefferson in favor of such a right existing, and the rest totally against it IN 1789 after the failure of the Articles of Confederation. I'd love to ask TJ a few questions about his thoughts on that in 1813. I have a feeling they'd be very informative.
Lincoln's purpose was very clear..there would be, in his mind, no nation and no constitution if states could secede. He was very clear about this. He is not known for being a close follower of the letter of the law after that. As Roger (DOUCHE-HORN)Taney could tell you.
Lincoln's treatment of the Constitution troubles me MOSTLY as being a precedent setting way to behave. However, history shows it did not become one. It is American presidents' refusal to follow that precedent which saved us.
The 10th amendment is quite clear and SCOTUS would have to uphold it, or explain how some other part of the Constitution trumps it.
I believe Montana also has a law like this now.
Epa,
I defer to you. You know this stuff better than I do.
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