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Old 03-06-2010, 01:32 PM   #1
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Default South Dakota: Firearms Freedom Act

Sorry if this is old news to some. Does this mean Class III stuff that is made in SD and kept in SD is immune to Federal laws? Sounds like that to me. But that won't stop the BATFE from trying to prosecute.

South Dakota Legislature Passes Firearms Freedom Act
04 Mar, 2010
by: Bob Ellis

A bill that declares “exempt from federal regulation any firearm, firearm accessory, or ammunition manufactured and retained in South Dakota” passed in the South Dakota House of Representatives yesterday.

SB89 was approved by a 49-19 vote. The bill had already passed the state Senate on Feb. 18 with a 29-4 vote.

The bill states it would “exempt from federal regulation any firearm, firearm accessory, or ammunition manufactured and retained in South Dakota.” The spirit of the bill hearkens to the Tenth Amendment of the U.S. Constitution which says

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Commerce Clause of the U.S. Constitution gives the federal government the power to regulate interstate commerce, but the firearms and ammunition covered by this bill would not be involved in interstate commerce; it specifies guns and ammo that are manufactured and kept within the state of South Dakota.

A number of states across the country have been working on “Firearms Freedom Acts” which seek to rein in our out-of-control federal government. South Dakota is joining this effort to restore federalism and strengthen our American freedoms.


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Old 03-06-2010, 02:44 PM   #2
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I think Montana did something similiar last year, or year before. Interesting stuff.
I believe this has as much to do with interstate commerce as it does gun control. Not an expert on this at all, just tryig to remember what I heard/read over the last year or two.



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Old 03-06-2010, 07:34 PM   #3
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A number of states have enacted such laws, but Wyoming's is the most aggressive. Where the BATF has told these states that these laws mean nothing to them, Wyoming's law will actually make it a crime punishable by jail time and a fine if someone attempts to enforce Federal law over state law.

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Old 03-06-2010, 11:21 PM   #4
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Quote:
Originally Posted by crossfire View Post
A number of states have enacted such laws, but Wyoming's is the most aggressive. Where the BATF has told these states that these laws mean nothing to them, Wyoming's law will actually make it a crime punishable by jail time and a fine if someone attempts to enforce Federal law over state law.
There are several states that have basically told the federal government to go themselves when it comes to gun regulations and restrictions. I see this as a response to the overbearing federal government regulations that have been imposed on gun manufacturers and dealers in attempt to circumvent the Second Amendment. These states are basically giving the federal government the legislative finger and telling the federal government that they're exercising their states' rights option.
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