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indiana proposed firearms freedom act

Discussion in 'Legal' started by jack_burton, Jan 4, 2013.

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  1. jack_burton

    jack_burton Member

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    I am looking for some members input in states that have already passed this type of legislation. I am not a lawyer so my understanding is limited but what I gather is that is much like the Montana passed bill. My questions being:

    1) any noticeable change in shopping at a local gun store?

    2)does this type of legislation (in your state) include NFA weapons?
    did more research does not

    3)suppressors?
    did more research does not

    4)In your opinion has this been a good thing in your state?

    just trying to get some input to help the cause in our state. much thanks in advance
     
    Last edited: Jan 4, 2013
  2. garymc

    garymc Member

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    What are you talking about?
     
  3. husbandofaromanian

    husbandofaromanian Member

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    I live in Tennessee. We have one. To my knowledge, no one has tested it yet. However, what I like about these firearm freedom acts is that they define was a covered firearms is. I like Tennessee's definition of a covered firearm. I would like to see the scotus adopt this definition.

    SECTION 6. Section 5 of this act shall not apply to:
    (1) A firearm that cannot be carried and used by one (1) person;
    (2) A firearm that has a bore diameter greater than one and one half (1
    ½) inches and that uses smokeless powder, not black powder, as a propellant;
    (3) Ammunition with a projectile that explodes using an explosion of
    chemical energy after the projectile leaves the firearm; or
    (4) A firearm that discharges two or more projectiles with one activation
    of the trigger or other firing device.
     
  4. husbandofaromanian

    husbandofaromanian Member

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    (1) "Firearms accessories" means items that are used in conjunction with
    or mounted upon a firearm but are not essential to the basic function of a firearm,
    including but not limited to telescopic or laser sights, magazines, flash or sound
    suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition
    carriers, and lights for target illumination;

    Tennessee's also protects state manufactured silencers and magazines. So if anybody wanted to be a test case. This act would allow state manufactured, high capacity magazines to be made in Tennessee without Federal regulation.
     
  5. husbandofaromanian

    husbandofaromanian Member

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  6. winterhorse290

    winterhorse290 Member

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    we passed an ammendment in louisiana last november. state law trumps all local crap and any new law must be passed thru our supreme court.
     
  7. Logan5579

    Logan5579 Member

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    husbandofaromanian, thanks for the link

    http://www.capitol.tn.gov/Bills/106/Chapter/PC0435.pdf

    SECTION 5. A personal firearm, a firearm accessory, or ammunition that is
    manufactured commercially or privately in Tennessee and that remains within the
    borders of Tennessee is not subject to federal law or federal regulation, including
    registration, under the authority of congress to regulate interstate commerce.

    If there are any firearm manufacturing companies that run across this thread, and maybe you feel unwelcome in the northern liberal state in which you are currently located, you should consider moving your operations to Tennessee. WE would be pleased to have you here with us! We like all kinds of guns around here! :D
     
  8. Frank Ettin

    Frank Ettin Moderator

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    However, it is extremely doubtful that this would get anywhere in federal court.

    Remember that the Founding Fathers provided in the Constitution (Article VI, Clause 2, emphasis added):

    The Founding Fathers also provided in the Constitution (Article III):

    And with regard to the reach of the Commerce Clause, see Gonzales v. Raich, 545 U.S. 1 (2005).
     
  9. BHay

    BHay Member

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    I live in Indiana and I contacted my state senator long ago and discussed the matter. He supports it- and our new governor is pro gun and would likely sign it. However, the realist in me thinks it would fail immediately in SCOTUS. Essentially the law is a test of the commerce clause that happens to use guns. Ever since Roosevelt packed the supreme court the body has been negligent in it's enforcement of the commerce clause. In fact the courts rulings on commerce clause cases have been some of the more twisted in it's history.
    Don't get me wrong, it's a fantastic idea and I fully support it.

    I suspect that's why we haven't seen a test case.
     
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