Proposed Wyoming Legislation Attempts To Counter The Use Of The Commerce Clause As A Presumptive Justification For Federal Laws

Wyoming State Representative Allen Jaggi has introduced House Bill HB 95, the “Wyoming Firearms Freedom Act” (FFA), in his State legislature. Though the Act's title implies that it is only a bill increasing the right to own a handgun, if passed this bill would amount to much more than that. It is specifically meant to bolster the Second Amendment at the same time as it counters the interpretation of the Commerce Clause (article 1, section 8, clause 3 of the United States Constitution) by the Supreme Court that for the most part presumptively allows Congress to pass all sorts of federal legislation. The Act states, "A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming is not subject to federal law, federal taxation or federal regulation, including registration, under the authority of the United States congress to regulate interstate commerce. It is declared by the Wyoming legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in Wyoming from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state or foreign country." The Act explains that "[t]he regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States constitution, particularly if not expressly preempted by federal law pursuant to article 1, section 8 of the United States constitution. The United States congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories and ammunition." Tweet