Feds: States' growing gun-rights movement a threat

Attorneys argue laws 'void' because of impact on 'interstate commerce'

May 20, 2010

By Bob Unruh
WorldNetDaily

Handguns from Freedom Arms in Wyoming

The federal government is arguing in a gun-rights case pending in federal court in Montana that state plans to exempt in-state guns from various federal requirements themselves make the laws void, because the growing movement certainly would impact "interstate commerce."

The government continues to argue to the court that the Commerce Clause in the U.S. Constitution should be the guiding rule for the coming decision. The argument plays down the significance of both the Second Amendment right to bear arms and the 10th Amendment provision that reserves to states all prerogatives not specifically granted thefederal government in the Constitution.

WND has reported both on the lawsuit filed by Montana interests seeking affirmation of the 2009 Montana Firearms Freedom Act as well as the growing movement that has seen six other states, Wyoming, South Dakota, Idaho, Utah, Tennessee and Arizona, follow with similar laws.

The movement worries the federal government. In a brief filed this week in support of government demands that the case be dismissed, posted on the website for the Firearms Freedom Act, attorneys wrote, "Because an illicit market for firearms exists nationwide, a 'gaping hole' in federal firearm regulation would persist if firearms made and sold in Montana were exempted from compliance."

The brief continued, "Moreover, six states have followed Montana's lead in enacting 'virtually identical' Firearms Freedom Acts, and an additional 22 have proposed similar legislation. … The fact that up to 29 states may essentially 'opt out' of certainfederal firearms laws would have an indisputable effect on interstate commerce."

Plaintiffs in the lawsuit previously argued that the Commerce Clause, in the original Constitution, later was modified by both the Second Amendment and 10th Amendment.

In a brief submitted on behalf of Montana lawmakers who wrote and adopted the law, attorneys argued that the state law simply allows Montana citizens to "engage within their state in constitutionally protected activity without burdensome federal oversight."

"It is questionable whether Congress' authority under its conditional spending power or its power to regulate interstate commerce extends to MFFA firearms," the argument continued.

"Where a power had not been granted exclusively to the national government or, where generally granted, had not been exercised … the states retain freedom to legislate," the lawmakers argued.

"There is nothing in the MFFA that should offend the powers of the national government," they said. And the lawmakers argued that the Constitution's supremacy clause has no impact because "only laws made in pursuance of the Constitution constitute the supreme law of the land."

In this case, the state is addressing intrastate commerce under its authority under the Second and Tenth Amendments, the brief argued.

Not so, said the feds.

Not only do the plaintiffs lack standing to bring the case, Congress' authority to regulate interstate commerce is extended to anything that affects interstate commerce – including intrastate actions and the federal action to strike down the Montana law doesn't violate any constitutional provisions, the government brief argues.

"Congress also may 'regulate activities that substantially affect interstate commerce,'" the government argues. "Here, Congress has rationally concluded that the manufacture and sale of firearms, a highly regulated commodity, substantially affects commerce."

"While the MFFA may only apply to guns made and sold in Montana, it is unreasonable to expect that these firearms will not leave the state," the brief continues.

Full story HERE