Arizona joins the states of Wyoming, South Dakota, Utah, Tennessee and Montana, and have told Washington to take a hike, with regard to federal gun legislation. Their legislatures have proposed, passed and their governors have signed a Firearms Freedom Act (FFA). Above is a map of the status of FFA legislation across the country.
Originally introduced and passed in Montana, the FFA declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the “commerce clause,” with firearms as the object. Obama's healthcare was another piece of legislation that Congress stretched into using that definition, and roughly 36 states are now challenging various aspects of the Constitutionality of that as well.
The Arizona gun legislation confronts the position taken by most members of Congress that the “Commerce Clause”, found in Article I, Section 8, paragraph 3 of the Constitution, gives them nearly unlimited power to regulate anything which even remotely affects interstate commerce. Either one of these bills challenge that claim, by exempting guns manufactured in Arizona from federal regulation, as long as they are stamped “Made in Arizona” and do not leave the state.
If there is no "interstate commerce" for the product then it should be exempt from federal law which is based on the "Commerce Clause".
On April 5th, Arizona Governor Jan Brewer signed the two pro-gun rights bills that passed in the Arizona legislature.
HB 2307 – the “Firearms Freedom Act” – HB 2307 exempts from federal law or regulation firearms manufactured and sold within the borders of Arizona as long as they remain in Arizona. This follows suit of a handful of other states who have enacted similar legislation. HB 2307 is the latest in a multi-state challenge to federal authority to regulate firearms.
HB 2543 – Firearms Preemption. HB 2543 strengthens state firearms preemption laws, adds firearms storage and accessories to the list of things political subdivisions cannot regulate, and removes the prohibition on carrying a firearm in public parks without a concealed weapons (CCW) permit. So basically, “Preemption” – clarifies current state laws that restrict political subdivisions (IE City Councils) from enacting regulations that conflict with state law.
These laws will become effective 90 days after the current legislative session adjourns – sometime in late July or August.
A sixth state – Arizona – now has declared that guns made and kept inside its borders essentially are free from federal application, registration and ownership regulations in a surging movement among states that one supporter describes as a direct challenge to "a government monopoly on the supply of firearms."Way to go Arizona! Now if you could only rid yourselves of Senator John McCain.
Gov. Jan Brewer this week signed the state's version of a "Firearms Freedom Act," which originated in Montana and now has been adopted by six states, with several dozen more in various stages of their own plans.
Brewer issued a statement that the law is intended to give Washington the message that they should not try to "get between Arizonans and their constitutional rights."
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