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Thread: ? about Firearms Freedom Act

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    Regular Member Morbidph8's Avatar
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    Question ? about Firearms Freedom Act

    While googling around I couldn't really find any info about this law. I'm wondering about the part. That says if a gun is manufactured in AZ, and hasn't left the state. It is not bound by Fed laws... The reason I ask is. I own a Ruger P95 made in Prescott. I bought it just months after it was test fired. I purchased it in Phx. It's engraved on the side "Made in Prescott, AZ." So My question. Is my Pistol not bound by Fed laws?? Say if they enact a magazine ban to 10 or less. My Ruger came with 2 15rnd mags. So will my mags still be legal inside AZ? Thanks

  2. #2
    Campaign Veteran MAC702's Avatar
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    Well, it is correct that the Feds do not have jurisdiction in these matters regardless of where your pistol was made, but we've let them get away with it for so long that they, well, do.

    In fact, in the Federal Gun Free School Zone Act, they had to start the law by defining that all firearms have been affected by interstate commerce, even if it's because a raw material used in one component was mined somewhere else. Yes, the definition is illegal, but we've not had the opportunity for SCOTUS to rule on it yet.

    I don't see such a ban having a second chance, anyway.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by MAC702 View Post
    Well, it is correct that the Feds do not have jurisdiction in these matters regardless of where your pistol was made, but we've let them get away with it for so long that they, well, do.

    In fact, in the Federal Gun Free School Zone Act, they had to start the law by defining that all firearms have been affected by interstate commerce, even if it's because a raw material used in one component was mined somewhere else. Yes, the definition is illegal, but we've not had the opportunity for SCOTUS to rule on it yet.

    I don't see such a ban having a second chance, anyway.
    Probably why the law is not being actively enforced, the feds probably fear another SCOTUS ruling against them. If their idea of interstate commerce was correct we would all need a interstate stamp and DOT inspections to take our groceries home.

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    Regular Member azcdlfred's Avatar
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    The Arizona Firearms Freedom Act was modeled after the Montana law.

    In order for the law to be tested, a manufacturer, seller and buyer would all have to be willing to ignore federal law and risk arrest, jail time, and overall destruction of their life while the case was being challenged in federal court. All the while betting that it will eventualy (5-10 years?) go to the Supreme Court, where hopefully they will hear it and rule in their favor.

    Fred

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by azcdlfred View Post
    The Arizona Firearms Freedom Act was modeled after the Montana law.

    In order for the law to be tested, a manufacturer, seller and buyer would all have to be willing to ignore federal law and risk arrest, jail time, and overall destruction of their life while the case was being challenged in federal court. All the while betting that it will eventualy (5-10 years?) go to the Supreme Court, where hopefully they will hear it and rule in their favor.

    Fred
    A few rulings in our favor have actually come about from criminals. The GFSZ was overturned by the conviction of a criminal. So it is not so necessary for one of us to test the case. The problem is many states the state law mirrors the federal law, those cases probably will not make it to SCOTUS.

    I suspect in the case of AZ the feds will leave it alone and not test their luck.
    Last edited by WalkingWolf; 09-03-2012 at 01:00 PM.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    A few rulings in our favor have actually come about from criminals. The GFSZ was overturned by the conviction of a criminal. So it is not so necessary for one of us to test the case. The problem is many states the state law mirrors the federal law, those cases probably will not make it to SCOTUS.

    I suspect in the case of AZ the feds will leave it alone and not test their luck.
    I think you're a bit behind in your reading on this law.

    http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990

    It was re-written specifically with the provision to pull in the Commerce Clause, and so far as I know has not yet been overturned.

    However, I do believe that especially since Heller and McDonald have come down, the Feds know that it's dead, and therefore will never use it on its own. Only when it's "safe" to add on multiple charges to an obviously otherwise criminal act which the suspect has no chance to beat.

    Many law-abiding gun carriers treat the law as if it does not exist, and to date, as far as I know, nobody has been convicted of solely violating the GFSZA. There are organizations dedicated to its repeal, a very worthy effort indeed.

    JMHO,

    TFred

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by TFred View Post
    I think you're a bit behind in your reading on this law.

    http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990

    It was re-written specifically with the provision to pull in the Commerce Clause, and so far as I know has not yet been overturned.

    However, I do believe that especially since Heller and McDonald have come down, the Feds know that it's dead, and therefore will never use it on its own. Only when it's "safe" to add on multiple charges to an obviously otherwise criminal act which the suspect has no chance to beat.

    Many law-abiding gun carriers treat the law as if it does not exist, and to date, as far as I know, nobody has been convicted of solely violating the GFSZA. There are organizations dedicated to its repeal, a very worthy effort indeed.

    JMHO,

    TFred
    I am fully aware that the law was rewritten, that was not my point. My point is the case was brought to SCOTUS by a criminal, not just a ordinary law abiding citizen. Sometimes criminals do have a backwardass way of helping the law abiding without us sticking our necks out. As far as the fact of the lack of enforcement I agree with you. They are fearful of another defeat in the courts, unless the SCOTUS takes a turn for the left.

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    Administrator John Pierce's Avatar
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    I received the following message to share with you guys

    Dear Sirs:


    I conceived, wrote and lobbied to success the original Montana Firearms Freedom Act which has been cloned and enacted in seven or eight other states. My purpose was to lay the groundwork for a federal lawsuit to challenge the reach of Congressional authority under the Constitution's Commerce Clause.


    Our federal litigation to validate the MFFA, MSSA v. Holder, is now before the Ninth Circuit Court of Appeals, the last step before the US Supreme Court, which is where we must get to obtain reversal of a half-century of bad Commerce Clause precedent.


    Until we win at the USSC, an FFA is not proven and valid in any state that has enacted one. I urge that nobody attempt to make any of the FFA-sanctioned items, or rely on a state-enacted FFA, until we win at the USSC.


    There's more information posted at:
    http://www.FirearmsFreedomAct.com


    Sincerely,
    Gary Marbut, President
    Montana Shooting Sports Association

  9. #9
    Regular Member TOF's Avatar
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    Thanks to Mr. Marbut and associates. Your efforts are certainly appreciated.
    Thanks to JP also for posting this info.
    If you woke up breathing, congratulations! You get another chance.

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