Democrat Governor Signs "Wyoming Firearm Freedom Act" Into Law

The AP reports that Governor "Dave Freudenthal has signed into law a bill that seeks to exempt guns made in Wyoming and used exclusively in the state from federal regulations... Although Freudenthal signed it, he expressed concerns that it could leave Wyoming firearms dealers caught between the contradictory demands of state and federal law. Montana and Tennessee have already passed similar laws and the federal government has informed gun dealers in those states that they still have to follow federal regulations. Lyman Republican Rep. Allen Jaggi was the main sponsor of the Wyoming bill. He says he sees no reason for the federal government to try to get involved in regulating guns made and sold in Wyoming."

Though the Act's title implies that it is only a bill increasing the right to own a handgun, this bill amounts to much more than that. It specifically is 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 in part, "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 also 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