indiana proposed firearms freedom act

[jack_burton]

I am looking for some members input in states that have already passed this type of legislation. I am not a lawyer so my understanding is limited but what I gather is that is much like the Montana passed bill. My questions being:

1) any noticeable change in shopping at a local gun store?

2)does this type of legislation (in your state) include NFA weapons?
did more research does not

3)suppressors?
did more research does not

4)In your opinion has this been a good thing in your state?

just trying to get some input to help the cause in our state. much thanks in advance

 

[garymc]

What are you talking about?

 

[husbandofaromanian]

I live in Tennessee. We have one. To my knowledge, no one has tested it yet. However, what I like about these firearm freedom acts is that they define was a covered firearms is. I like Tennessee's definition of a covered firearm. I would like to see the scotus adopt this definition.

SECTION 6. Section 5 of this act shall not apply to:
(1) A firearm that cannot be carried and used by one (1) person;
(2) A firearm that has a bore diameter greater than one and one half (1
½) inches and that uses smokeless powder, not black powder, as a propellant;
(3) Ammunition with a projectile that explodes using an explosion of
chemical energy after the projectile leaves the firearm; or
(4) A firearm that discharges two or more projectiles with one activation
of the trigger or other firing device.

 

[husbandofaromanian]

(1) "Firearms accessories" means items that are used in conjunction with
or mounted upon a firearm but are not essential to the basic function of a firearm,
including but not limited to telescopic or laser sights, magazines, flash or sound
suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition
carriers, and lights for target illumination;

Tennessee's also protects state manufactured silencers and magazines. So if anybody wanted to be a test case. This act would allow state manufactured, high capacity magazines to be made in Tennessee without Federal regulation.

 

[husbandofaromanian]

http://www.capitol.tn.gov/Bills/106/Chapter/PC0435.pdf

 

[winterhorse290]

we passed an ammendment in louisiana last november. state law trumps all local crap and any new law must be passed thru our supreme court.

 

[Logan5579]

husbandofaromanian, thanks for the link

http://www.capitol.tn.gov/Bills/106/Chapter/PC0435.pdf

SECTION 5. A personal firearm, a firearm accessory, or ammunition that is
manufactured commercially or privately in Tennessee and that remains within the
borders of Tennessee is not subject to federal law or federal regulation, including
registration, under the authority of congress to regulate interstate commerce.

If there are any firearm manufacturing companies that run across this thread, and maybe you feel unwelcome in the northern liberal state in which you are currently located, you should consider moving your operations to Tennessee. WE would be pleased to have you here with us! We like all kinds of guns around here!

 

[Frank Ettin]

husbandofaromanian, thanks for the link

http://www.capitol.tn.gov/Bills/106/Chapter/PC0435.pdf

SECTION 5. A personal firearm, a firearm accessory, or ammunition that is
manufactured commercially or privately in Tennessee and that remains within the
borders of Tennessee is not subject to federal law or federal regulation, including
registration, under the authority of congress to regulate interstate commerce.

However, it is extremely doubtful that this would get anywhere in federal court.

Remember that the Founding Fathers provided in the Constitution (Article VI, Clause 2, emphasis added):

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Founding Fathers also provided in the Constitution (Article III):

Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish....

Section 2. The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution,...

And with regard to the reach of the Commerce Clause, see Gonzales v. Raich, 545 U.S. 1 (2005).

 

[BHay]

I live in Indiana and I contacted my state senator long ago and discussed the matter. He supports it- and our new governor is pro gun and would likely sign it. However, the realist in me thinks it would fail immediately in SCOTUS. Essentially the law is a test of the commerce clause that happens to use guns. Ever since Roosevelt packed the supreme court the body has been negligent in it's enforcement of the commerce clause. In fact the courts rulings on commerce clause cases have been some of the more twisted in it's history.
Don't get me wrong, it's a fantastic idea and I fully support it.

I suspect that's why we haven't seen a test case.