South Carolina Lawmaker Reintroduces Bill to Exempt State from Federal Gun Ban

by S.H. Blannelberry, Guns.com  |  published on December 29, 2012

South Carolina

South Carolina Sen. Lee Bright (R-Spartanburg) has reintroduced a bill that would exempt any firearm, accessory or ammunition manufactured and kept within the borders of the Palmetto State from federal regulations.

Invoking states rights under the 9th and 10th Amendments to the U.S. Constitution, Bright’s legislation – known as the ‘South Carolina Firearms Freedom Act’ – states:

“A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”

“Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition,” the bill adds.

The ‘Firearms Freedom Act’ movement has its origins in Montana, where a gun maker by the name of Gary Marbut got sick and tired of the federal government’s overreach with respect to his business. After closely examining the Constitution, in particular the commerce clause, Marbut conceived the Firearms Freedom Act in 2009.

“This is really about state’s rights and federal power rather than gun control,” Marbut told the Wall Street Journal in a 2011 interview. “There is an emerging awareness by the people of America that the federal government has gone too far, and it’s dependent on a really weird interpretation”.

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