I was reading the Nullification Topic which got me to thinking, but I didn’t want to hijack the thread so I started this one.
The Firearms Freedom Act, or Made in Montana, Wyoming, or whatever state basically says If it’s made in (Montana, Wyoming, etc) and stays in that state, it doesn’t come under federal firearm laws because it isn’t affected by the commerce clause.
OK that can be argued forever. But what does Congress think? How would they handle that ideal in passing other laws that affect gun laws and the commerce clause?
Before the Firearm Freedom Act(s) came about, Congress passed a law, basically voiding many of the State’s Gun Laws. This is the Law Enforcement Safety Act or often known as HR 218. This law, as we know, allows LE officers active and retired to carry concealed in any state regardless of the states laws.
So how did what did they use as a means to use the commerce clause to void state laws? Simple, they put limits on what guns these active and retired officers could carry. Congress said this law only affects firearms that came under the Commerce Clause.
Now understand this law was passed before any FAFA:
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(note: that quote was in the LESA twice, once for Active and once for Retired officers, I felt no need to insert it twice)
My question is why did Congress feel the need to add the last sentence in the Law Enforcement Safety Act?
The Firearms Freedom Act, or Made in Montana, Wyoming, or whatever state basically says If it’s made in (Montana, Wyoming, etc) and stays in that state, it doesn’t come under federal firearm laws because it isn’t affected by the commerce clause.
OK that can be argued forever. But what does Congress think? How would they handle that ideal in passing other laws that affect gun laws and the commerce clause?
Before the Firearm Freedom Act(s) came about, Congress passed a law, basically voiding many of the State’s Gun Laws. This is the Law Enforcement Safety Act or often known as HR 218. This law, as we know, allows LE officers active and retired to carry concealed in any state regardless of the states laws.
So how did what did they use as a means to use the commerce clause to void state laws? Simple, they put limits on what guns these active and retired officers could carry. Congress said this law only affects firearms that came under the Commerce Clause.
Now understand this law was passed before any FAFA:
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
`Sec. 926B.
`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).
(note: that quote was in the LESA twice, once for Active and once for Retired officers, I felt no need to insert it twice)
My question is why did Congress feel the need to add the last sentence in the Law Enforcement Safety Act?