Posted: 2/17/2010 3:40:04 PM EDT
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Carefully read the text of the bill below. Is this really being considered? I know that VA is thumbing its nose at the health care bill by NOT making it a mandate to buy health insurance.
According to this, any firearm or firearm accessory made in Virginia will not be regulated by federal law. I'm a States Rights supporter but I'd like someone better schooled in constitutional law to comment on this one. A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:4, relating to firearms, firearms accessories, and ammunition manufactured and retained in Virginia. Whereas, the 10th Amendment of the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution; and Whereas, the 9th Amendment to the United States Constitution guarantees to the people rights not enumerated in the Constitution; and Whereas, the regulation of intrastate commerce is vested in the states under the 9th and 10th Amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of commerce pertaining to the intrastate manufacture of firearms, firearms accessories, and ammunition; and Whereas, the 2nd Amendment to the United States Constitution reserves to the people the right to keep and bear arms; and Whereas, Article 1, Section 13 of the Constitution of Virginia clearly secures the right of Virginia citizens to keep and bear arms; now, therefore Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 18.2-308.2:4 as follows: ? 18.2-308.2:4. Exemption of firearms, firearm accessories, and ammunition manufactured in Virginia from federal regulation. A. As used in this section: "Ammunition" means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in ? 18.2-308.2:2. "Basic materials" include but are not limited to unmachined steel and unshaped wood. "Firearm" means any handgun, shotgun, or rifle that will or is designed to expel single or multiple projectiles by action of an explosion of combustible material. "Firearm accessory" means an item used in conjunction with or mounted upon a firearm, but which is not essential to the basic function of the 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. "Generic and insignificant parts" include but are not limited to springs, screws, nuts, and pins. "Manufactured" means that a firearm, firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials. B. Firearms, firearm accessories, and ammunition that are manufactured commercially or privately in Virginia, and that remain within the borders of Virginia, shall not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. Such firearms, firearm accessories, and ammunition are deemed to have not traveled in interstate commerce. This section shall be applicable to firearms, firearm accessories, and ammunition that are manufactured in Virginia from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. The importation into Virginia of generic or insignificant parts that have other manufacturing or consumer product applications other than firearms, firearm accessories, or ammunition and that are incorporated into firearms, firearm accessories, or ammunition manufactured in Virginia shall not subject the firearms, firearm accessories, or ammunition to federal regulation. Basic materials used for manufacturing shall not be considered firearms, firearms accessories, or ammunition for purposes of this section, and shall not be subject to the authority of the United States Congress to regulate the interstate commerce of firearms, firearms accessories, or ammunition as if they actually were firearms, firearms accessories, or ammunition simply because the basic materials are used in the manufacture of firearms, firearms accessories, or ammunition in Virginia. Firearms accessories that are imported into Virginia from another state and that are subject to federal regulation as being in interstate commerce shall not subject a firearm manufactured in Virginia to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm manufactured in Virginia. C. This section shall not apply to: 1. A firearm that cannot be carried and used by one person; 2. A firearm that has a bore diameter greater than one and one-half inches and that used smokeless powder, and 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 open activation of the trigger or other firing device. D. In order to fall under the purview of this section, any firearm manufactured and sold in Virginia shall have the words "Made in Virginia" clearly stamped on a central metallic part, such as on the receiver or the frame. E. This section shall apply to firearms, firearms accessories, and ammunition that are manufactured and retained in Virginia on or after July 1, 2010. |
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That is pretty much my understanding of it. I don't know if this will pass the Senate though.
Several other states have tried or done this. I have not kept up on it. It passed the R controlled house easily. http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb69&Submit2=Go |
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Yup, dumb fucks. It's like saying we want our power back from the fed, but they can keep a little of it. Still, this bill is nearly an exact copy of the other ones being passed around the country. That makes it easier to hit up in court. I guess if it stands the test we can come back for MGs. Unfortunately the court battle with the Fed is going to take years. |
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Quoted:
Carefully read the text of the bill below. <snip> A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:4, relating to firearms, firearms accessories, and ammunition manufactured and retained in Virginia. Whereas, the 10th Amendment of the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution; and Whereas, the 9th Amendment to the United States Constitution guarantees to the people rights not enumerated in the Constitution; and Whereas, the regulation of intrastate commerce is vested in the states under the 9th and 10th Amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of commerce pertaining to the intrastate manufacture of firearms, firearms accessories, and ammunition; and Whereas, the 2nd Amendment to the United States Constitution reserves to the people the right to keep and bear arms; and Whereas, Article 1, Section 13 of the Constitution of Virginia clearly secures the right of Virginia citizens to keep and bear arms; now, therefore Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 18.2-308.2:4 as follows: <snip> C. This section shall not apply to: <snip> 4. A firearm that discharges two or more projectiles with open activation of the trigger or other firing device. Hhhmmm .... I like the whereas-based introduction. The <snip>ped text of the legislation doesn't live up to the heritage of the politicians of yore, however, whose prowess with the pen has withstood the tests of time. Section C is especially challenged. Rather than list all of the problems with the text –– and there are many –– regarding para C.3, I don't understand to what an "open activation of the trigger" equates. Suffice it to say that I don't believe this turn-of-phrase equates to a "single actuation of the trigger." |
| It's a start in the right direction. I think if this passes, the combination of VA, Montana, and several other states passing similar legislation could open the door to an intrastate MG registry. Not to mention some substantial protection from future firearm restrictions. Providing these survive the supreme court, which could go either way. Although any intrastate MG registry would be heavily regulated, it would likely be far superior to the current laws. One can hope. |
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A number of states have passed bills like this.
So far no one has volunteered to be the test case. While it might be a slam dunk in the state courts, BATFE is a federal agency and will bring charges in federal court. They are liable to take a dim view of the state law. The real issue is the expansive use of the commerce clause to regulate just about anything the feds want under the argument it 'affects' interstate commerce. The SCOTUS striking the first gun free school zone law was a significant change, but the law was simply passed again with verbiage to justify it under the commerce clause. |
| The Supreme Court already shot this down back in 1942. ReadWickard v. Filburn. In that case, a farmer (Filburn) was growing more wheat, solely for his own use, than the .gov said he could. He lost his case. I would assume the Feds will use this case as precedense. |
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Quoted:
The Supreme Court already shot this down back in 1942. ReadWickard v. Filburn. In that case, a farmer (Filburn) was growing more wheat, solely for his own use, than the .gov said he could. He lost his case. I would assume the Feds will use this case as precedense. Wickard is one of the worst SCOTUS decisions of all time. 
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