Will South Carolina Nullify Federal Gun Laws?
The South Carolina legislature will consider a bill that would nullify a considerable amount of assumed federal power over firearms – the Firearms Freedom Act.
Senate Bill 85 (SB85) states that, “A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”
The bill was filed by Sen. Lee Bright (R-Spartanburg) on Dec. 13
The bill rests on the foundation of the Tenth Amendment, correctly asserting that powers not delegated are retained.
“Whereas, the tenth amendment to the United States Constitution guarantees and reserves for the states all powers not granted to the federal government in the Constitution”
Whereas, Article I, Section 20 of the South Carolina Constitution clearly secures to South Carolina citizens, and prohibits government interference with, the right of individual South Carolina citizens to keep and bear arms. This constitutional protection is unchanged from the 1895 South Carolina Constitution, which was approved by Congress and the people of South Carolina, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by South Carolina and the United States in 1895.
“The federal power to regulate interstate commerce is probably the one most abused by the feds. They’ve stretched it to the point that they justify regulating pretty much everything. The framers never intended the power to extend to every imaginable economic activity.” Tenth Amendment Center communications director Mike Maharrey said. “States need to stand up to the feds and tell them to butt out of areas where they have no authority. I hope the Kansas legislature gets this bill passed, and other states will boldly follow its example.”
With Montana leading the way, eight states have passed firearms freedom acts including, Alaska, South Dakota, Arizona, Idaho, Tennessee, Utah and Wyoming.
Some states may consider taking the idea a step further. Tenth Amendment Center model legislation to nullify every federal gun law has just been released. Get it online HERE
To track firearms freedom legislation across the U.S., click HERE.