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Gun Reports - News

Pennsylvania State Representative Sam Rhorer

Pennsylvania to Consider Nullifying Some Federal Gun Laws

The Tenth Amendment Center reports that Pennsylvania State Rep. Sam Rohrer has introduced the “Firearms Freedom Act” (HB1988) for consideration in the state legislature. The bill is “An Act prohibiting certain firearms, firearm accessories or ammunition from being subject to Federal law or Federal regulation.”

HB1988 currently has 48 additional co-sponsors and is similar to bills recently enacted into law in both Montana and Tennessee.

While the bill seems to focus solely on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government. It specifically states:

"The regulation of intrastate commerce is vested in the states under the 9th and 10th Amendments to 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."

Rohrer, in a recent letter to Pennsylvania House Members, wrote, "Under my bill, the policy of this Commonwealth would be that firearms and firearm accessories manufactured and exclusively sold in the Commonwealth of Pennsylvania, carrying the brand “Made in Pennsylvania” (all clear indicators of intrastate commerce), would be subject only to state law.

"The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned."

To read the full post on the Tenth Amendment Center site, click here.

Reader Comments

This is great. It's good legal principle, good law, and excellent political philosophy.

It is NOT "States Rights," so don't use that meaningless phrase, which died in 1865 with tragic end of the War of Northern Aggression.

Gaviota

Comment by: Lee W | October 27, 2009

Northern Aggression? I just left Gettysburg 3 weeks ago and thought it was more Federal Aggression than Northern. I was a bit confused because there appeared to be NY Regiments all over the Yankee line which left me feeling it was NY against the Southern States. I did learn that quite a few Northerners didn't want the war because it affected their profits. The emancipation proclamation caused rioting in NYC. After my two day visit to PA, I walked away feeling that the Federal Government would always intervene if States wished to secede from the Union or ignore Federal Laws. Heck, they even go as far to target small groups and individuals that wish to be left alone. Both sides lost a lot of good men, for no good reason. I would have sat that war out because I can't bring myself to take an American Life due to different beliefs. Check out Gettysburg by Ken Burns. I don’t know, maybe I missed something. Care to share your view point Gav?-

Comment by: Jeff W | October 29, 2009

This type of discourse bodes ill for any unifying effort for those of us who profess to be proponents of gun rights. History is a great subject but it is just that, history. Let us concentrate on the present with an eye to the future and applaud this legislator for his bill. It is a great first step.

Comment by: MasterGuide | October 29, 2009

Among the well-educated in the South, the phrase "War of Northern Aggression" is a bit of genteel humor directed at both modern Northerners who know almost nothing about the Civil War, and some Southerners who know way too much and take it way too seriously.

As for me, I was born in California 90 years after the War was over. No real connection there for me except a few paternal relatives in Virginia, who are not fervent Confederate psychos. I live in Arkansas now, and Confederate flags are not uncommon, but they don't really mean anything anymore.

I don't like the term "State's Rights" because that expression was the propaganda used by the South to justify the Slave Codes, and because of my belief that States, like any other form of authority in the USA, have powers, but no rights. Only individual citizens have rights. I don't hate Yankees, I hate people in power who use the authority of the State to violate the rights of the People.

Gaviota

Comment by: Lee W | October 29, 2009

Gav, thanks for explaining use of the phrase. During a Gettysburg Reunion, the Veteran Rebel Soldiers reenacted Pickets Charge. After giving the rebel yell and maneuvering across the field, the Veteran Union Soldiers came down off the hill, embraced their former enemy and sobbed. It's a shame this emotional, brethren connection wasn't established prior to the war. MasterGuide, History helps us understand people and societies.

Comment by: Jeff W | October 30, 2009

I praise highly the actions of Sam Rhorer but lets be realistic, even if passed by the State of Pennsylvania it will be meaningless as the all powerful Federal Government will simply arrest manufacturers, gun dealers and civilian gun buyers and also the Feds will with-hold highway repair money and billions of other Federal dollars that is given yearly to the States including Pennsylvania. Pennsylvania will either bow to the will of the Federal Government or go bankrupt in short order. The old saying "He who controls the most money and the most troops rules no matter what the legal laws or constitutions say". A reality check shows this to be as true today as it was in Roman times. Pennsylvania is merely urinating in the wind in regards to this new proposal.

Comment by: wild romanian | October 30, 2009

wild romanian: Unfortunately, you're probably correct. Still, it's good political philosophy, even if it is only theater at this point, but if enough state legislators across the country were to suddenly discover their cojones, a whole lot of federal abuses could suddenly be imperiled, and a whole lot of freedom could break out.

Well, it's a nice thought, anyway.

Gaviota

Comment by: Lee W | October 30, 2009

I think that Pen. has the right idea along with the other states that are going in this direction and I hope other states get the Cojones to do the same. Because this shows that the states are listening to the people, and being for the people by the people, and thus doing so can and will make the Fed start listing to the people and go back to the constitution and Govern again by the people and for the people instead of the other way around. God Bless America and Our Troops Past, Present and Future. Keeping to My Oath, Locked, Loaded and Keep My Powder Dry

Comment by: bear1 | October 31, 2009