[Vision2020] Idaho Bill Challenges Federal Law

Art Deco deco at moscow.com
Mon Mar 8 10:36:17 PST 2010


What if any of the parts/components of firearms/ammo are made outside of Idaho?  Wouldn't then the same interstate laws apply?

It would be hard to imagine anything of this nature being able to be made without importing elements needed for manufacture from other states/nations -- the right kind of metal alloys, for example.  What are they going to do?  Mine, extract, smelt,  and compound these alloys wholly within Idaho?  Good luck!

W.
  ----- Original Message ----- 
  From: Wayne Price 
  To: Tom Hansen 
  Cc: Moscow Vision 2020 
  Sent: Sunday, March 07, 2010 10:38 AM
  Subject: Re: [Vision2020] Idaho Bill Challenges Federal Law


  Does anyone know of a firearm made in Idaho?
  I know there is a caoonon works up by C d'L, but don't know of any  
  rifle/pistol makers





  On Mar 7, 2010, at 6:54 AM, Tom Hansen wrote:

  > The Idagoons are at it again, V-peeps.
  >
  > Courtesy of today's (March 7, 2010) Spokesman-Review.
  >
  > ---------------------------------------------------
  >
  > Bill challenges federal law
  > Idaho lawmakers hope to force courts to restrict commerce clause
  > Betsy Z. Russell, The Spokesman-Review
  >
  > BOISE – Idaho lawmakers are gearing up to declare guns and  
  > ammunition made
  > in the state exempt from all federal laws, including registration.
  >
  > “This is automatically going to end up in a court case, that was the
  > object of this bill,” said the measure’s lead sponsor, Rep. Dick  
  > Harwood,
  > R-St. Maries. “It’s not to control guns, it’s not to do anything,  
  > it’s to
  > change. … To tell the state of Idaho we can run our own commerce,  
  > that’s
  > what this bill is about.”
  >
  > The measure is designed to match a “firearms freedom” bill already  
  > passed
  > in Montana – and already the subject of a federal court case – along  
  > with
  > pending measures in nearly two dozen other states. The idea: To  
  > force a
  > more narrow reading of the commerce clause of the U.S. Constitution  
  > by the
  > Supreme Court, by suggesting that the use of guns not sold across  
  > state
  > lines isn’t interstate commerce and therefore can’t be regulated at  
  > the
  > federal level.
  >
  > Harwood’s bill raised legal questions when he unveiled it. At a  
  > committee
  > hearing last week, another lawmaker distributed an Idaho attorney
  > general’s opinion showing the bill was “likely unconstitutional.”
  >
  > “An attempt to nullify federal statutes is beyond the power of the  
  > Idaho
  > Legislature,” the opinion found.
  >
  > But Harwood said that’s not the point. “Y’know, the supreme law of the
  > land sometimes is maybe not always right,” he said. “There was a
  > prohibition law and that was not right. … They ended up turning  
  > around and
  > saying, well, what we did there was wrong.” He also cited slavery,  
  > saying,
  > “We all know that’s wrong. That didn’t get overturned until the people
  > went back and said this is wrong. You have to push the envelope. …  
  > That’s
  > what this bill is doing.”
  >
  > Harwood brought Deputy Attorney General Brian Kane to the House State
  > Affairs Committee to explain the law at a second hearing. Kane said  
  > the
  > bill likely is unconstitutional under current case law, and the  
  > attorney
  > general’s office is bound by that. But, he said, if the Legislature  
  > wants
  > to set up a court fight over how the commerce clause should be
  > interpreted, that’s up to lawmakers.
  >
  > “That’s not a legal question to answer; that is a policy question  
  > for this
  > Legislature,” Kane said. The bill, he said, does raise issues that  
  > “most
  > likely will need to be resolved by a court of competent jurisdiction.”
  >
  > Rep. Phil Hart, R-Athol, said, “We want to take this to court, we  
  > want to
  > create a controversy, and that’s where we’re headed with this. And  
  > Idaho
  > will be part of a grander scheme.” The bill then was approved on a  
  > voice
  > vote, with just two “no” votes, and sent to the full House, which  
  > likely
  > will debate it this week.
  >
  > Hart said several private legal groups want to take on the court  
  > fight, so
  > it wouldn’t cost the state anything. But Kane said the attorney  
  > general’s
  > office has a constitutional obligation to defend state laws, so if  
  > the law
  > passes, it’ll defend it.
  >
  > -----------
  >
  > House Bill 589
  > (PDF format, 52 kilobytes)
  >
  > http://www.MoscowCares.com/Idaho/2010/HB589_IdahoFirearms.pdf
  >
  > ---------------------------------------------------
  >
  > So . . .
  >
  > If a firearm is manufactured and sold in the state of Idaho, and  
  > taken to
  > some out-of-state locale where it is used in a series of robberies and
  > murders, there is no way of tracking ownership of this weapon.
  >
  > All this while the Aryan Nations racist pigs are making their  
  > reappearance
  > in the inland northwest.
  >
  > Heck!  I don't know about you, but I feel a whole lot safer.
  >
  > Seeya round town, Moscow.
  >
  > Tom Hansen
  > Moscow, Idaho
  >
  > "The Pessimist complains about the wind, the Optimist expects it to  
  > change
  > and the Realist adjusts his sails."
  >
  > - Unknown
  >
  >
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