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wyoming firearms freedom act 2010

Re: wyoming firearms freedom act 2010

BAFTE has already put states (Montana, Wyoming and Tennessee and there may be others) that have passed this type laws on notice that it's not gonna fly. More Fed lawsuits against states coming I assume. State rights showdowns are already happening and promise to be a very important issue.
 
Re: wyoming firearms freedom act 2010

My understanding that ATF sent the message to FFA dealers about the laws.

Don't know I'm not one, but, if you are a FFA dealer, then you have to come under federal laws so they may have you there.

Now, even before the Firearms Freedom act, it was legal to build your own gun. I dont see that changing.

Now for guns the the feds don't want you to have, I have a differant take. If you are a non dealer, and make one, keeping it in the state per state law, I got a feeling ATF will stay out of it for fear of loosing the case and openning up a can of worms.

I'm not a lawyer, and I base this on "GUT FEELING" base on a WAG.

Here is why: I have a Son that is a federal cop (first ICE, now FPS) he was telling me, when he was in Fed Cop School, they were told to be careful enforcing Fed Gun laws in a state where the subject gun was made. Saying if gun X was made in state Y, and the gun is found in State Y, they should take no action (regarding the gun).

OK, maybe hearsay, I wasnt there, But look at the wording in the LEOSA (Law Enforcment Safety Act or HR 218).

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection <span style="font-weight: bold">(d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b)</span>.</div></div>

The way congress wrote that leads me to believe they can only deal with firearms involved in interstate or foreign commerce, and along the same lines, HR218 wouldnt apply to a Made in Wyoming (or Montana, etc) law.

Like I said, I'm not a lawyer so make your own decission. Personnly I cant aford to feed a full auto, I can miss fast enough with out them. I have thought about making a scilencer so I can shoot on my own range without disturbing my wife's naps.

Just food for thought.
 
Re: wyoming firearms freedom act 2010

A lot will be determined by how many freedom hating judges are on the supreme court when the showdown comes to court. Remember back in the days of the evil FDR and his whole ilk, the supreme court ruled that the government could stop a farmer from growing crops on his own land for his own family because somehow in some way that might affect interstate commerce because if he was not allowed to grow food for his own family he would be forced to find a way to buy food on the market etc.
 
Re: wyoming firearms freedom act 2010

All of these laws are good. Now they have ruffled the ATFs feathers to speak. All the folks who we keep putting in Washington seem to think that the federal government always over rules states and that has filtered down to all the federal agencies. However when these laws meet constitutional muster. The only way the feds ever got their grubby hands into the firearms industry was by calling it interstate commerce. Thus if you hold an FFL you take a large risk trying to operate outside of the ATF's rules because you agreed to play by those rules when you got the FFL. However if you don't hold an FFL then the state laws cover you.

These cases are going to be held up in court for years though. The feds don't want to give up any power and the states are tired of business as usual in DC and are working hard to buck the system. Thus don't expect these laws to become common until all the legal challenges have been heard in court.
 
Re: wyoming firearms freedom act 2010

Regardless of if states can win their rights from the feds it's important that these things are happening. Sure beats business as usual for the federal .gov one small 'insignificant' right at a time.

As scary as things are becoming in this country and as many freedoms are being taken away I really am excited about things like these where the ground work is being laid for the ability of 'we the people' to put foot down when it comes to that point.
 
Re: wyoming firearms freedom act 2010

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: kraigWY</div><div class="ubbcode-body">My understanding that ATF sent the message to FFA dealers about the laws.

Don't know I'm not one, but, if you are a FFA dealer, then you have to come under federal laws so they may have you there.

Now, even before the Firearms Freedom act, it was legal to build your own gun. I dont see that changing.

Now for guns the the feds don't want you to have, I have a differant take. If you are a non dealer, and make one, keeping it in the state per state law, I got a feeling ATF will stay out of it for fear of loosing the case and openning up a can of worms.

I'm not a lawyer, and I base this on "GUT FEELING" base on a WAG.

Here is why: I have a Son that is a federal cop (first ICE, now FPS) he was telling me, when he was in Fed Cop School, they were told to be careful enforcing Fed Gun laws in a state where the subject gun was made. Saying if gun X was made in state Y, and the gun is found in State Y, they should take no action (regarding the gun).

OK, maybe hearsay, I wasnt there, But look at the wording in the LEOSA (Law Enforcment Safety Act or HR 218).

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection <span style="font-weight: bold">(d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b)</span>.</div></div>

The way congress wrote that leads me to believe they can only deal with firearms involved in interstate or foreign commerce, and along the same lines, HR218 wouldnt apply to a Made in Wyoming (or Montana, etc) law.

Like I said, I'm not a lawyer so make your own decission. Personnly I cant aford to feed a full auto, I can miss fast enough with out them. I have thought about making a scilencer so I can shoot on my own range without disturbing my wife's naps.

Just food for thought.

</div></div>

(b) Any official, agent or employee of the United
14 States government who enforces or attempts to enforce any
15 act, order, law, statute, rule or regulation of the United
16 States government upon a personal firearm, a firearm
17 accessory or ammunition that is manufactured commercially
18 or privately in Wyoming and that remains exclusively within
19 the borders of Wyoming shall be guilty of a felony and,
20 upon conviction, shall be subject to imprisonment for not
21 more than two (2) years, a fine of not more than ten
22 thousand dollars ($10,000.00), or both.


That would be the reason why.

I say this is an awesome law!!!
Somebody has some good people in office in their state!
 
Re: wyoming firearms freedom act 2010

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Stefan73</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: kraigWY</div><div class="ubbcode-body">My understanding that ATF sent the message to FFA dealers about the laws.

Don't know I'm not one, but, if you are a FFA dealer, then you have to come under federal laws so they may have you there.

Now, even before the Firearms Freedom act, it was legal to build your own gun. I dont see that changing.

Now for guns the the feds don't want you to have, I have a differant take. If you are a non dealer, and make one, keeping it in the state per state law, I got a feeling ATF will stay out of it for fear of loosing the case and openning up a can of worms.

I'm not a lawyer, and I base this on "GUT FEELING" base on a WAG.

Here is why: I have a Son that is a federal cop (first ICE, now FPS) he was telling me, when he was in Fed Cop School, they were told to be careful enforcing Fed Gun laws in a state where the subject gun was made. Saying if gun X was made in state Y, and the gun is found in State Y, they should take no action (regarding the gun).

OK, maybe hearsay, I wasnt there, But look at the wording in the LEOSA (Law Enforcment Safety Act or HR 218).

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection <span style="font-weight: bold">(d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b)</span>.</div></div>

The way congress wrote that leads me to believe they can only deal with firearms involved in interstate or foreign commerce, and along the same lines, HR218 wouldnt apply to a Made in Wyoming (or Montana, etc) law.

Like I said, I'm not a lawyer so make your own decission. Personnly I cant aford to feed a full auto, I can miss fast enough with out them. I have thought about making a scilencer so I can shoot on my own range without disturbing my wife's naps.

Just food for thought.

</div></div>

(b) Any official, agent or employee of the United
14 States government who enforces or attempts to enforce any
15 act, order, law, statute, rule or regulation of the United
16 States government upon a personal firearm, a firearm
17 accessory or ammunition that is manufactured commercially
18 or privately in Wyoming and that remains exclusively within
19 the borders of Wyoming shall be guilty of a felony and,
20 upon conviction, shall be subject to imprisonment for not
21 more than two (2) years, a fine of not more than ten
22 thousand dollars ($10,000.00), or both.


That would be the reason why.

I say this is an awesome law!!!
Somebody has some good people in office in their state! </div></div>

2 words..... supremacy clause.
 
Re: wyoming firearms freedom act 2010

AZ has a similar law and I'm proud.

That said, the real crux of these issues is not how the law was written, who passed them, or what we think they mean.
The real crux is case law-how these laws pan out once the feds try someone. I can't wait for this to happen here in AZ, because I really want a supressed SBR, but I'm not going to be the guinea pig
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