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Congress Stands on Edge of Fiscal Cliff, Considers Jumping

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Kragar12/30/2012 1:41:21 pm PST

S.C. State Rep. introduces bill to exempt state’s firearms from all federal regulation

Claiming that the federal government lacks the Constitutional authority to regulate firearms maintained within one state, a South Carolina State Senator has introduced a bill that would exempt the state’s guns, ammo and accessories from all federal regulation.

The bill, called the South Carolina Firearms Freedom Act, cites the Ninth and Tenth Amendments for legal support, in conjunction with the Commerce Clause of the Constitution. The argument goes that the two Amendments give to states all powers not specifically given to Washington, and that since state’s regulate intrastate commerce—in this case, the sale and purchase of firearms—states have the sole authority to regulate firearms manufactured and used within their borders.

The bill’s scope is specifically limited to only natively built and sold firearms to keep it from broaching the federal government’s power to regulate interstate trade via the Commerce Clause.