By Tenth Amendment Center Blog
The Missouri House will consider a Firearms Freedom Act addressing regulation of firearms kept exclusively within the borders of the state.
Rep. Chrissy Sommer sponsored HB1164, a bill that would ban federal regulation of firearms not entering into interstate commerce.
The act rests on the fact that the federal government cannot regulate firearms sales, movements and manufacturing that occur exclusively on an intrastate basis as part of its interstate commerce power. in addition to the limits of the commerce clause, the Constitution also contains the Second Amendment, expressly forbidding infringement of the right to “keep and bear arms”
“The regulation of intrastate commerce is vested in the states under Amendments IX and X of the Constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition;”
In the “commerce Clause”, the Constitution states, “The Congress shall have power… to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes…The Congress shall have Power…to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Robert Natelson notes in his book, The Original Constitution, that there are misconceptions of the commerce clause and regulation of commerce does not include everything under the sun. The states still have immense power to regulate commerce within their own borders.
“Federalists repeatedly represented that the Constitution would leave the states as the sole government regulators of the vast majority of human activities. They affirmed that the central government would have almost no role over…use of personal property outside commerce, wills and inheritance, business regulation and licensing, manufacturing.”
He went on to say, “The Constitution banned states from imposing duties on imports or exports without the consent of Congress…otherwise, states were free to regulate commerce with foreign nations–and even to impose embargoes on goods from outside–subject to preemption by Congress or by federal treaties.”