Spartanburg County state senator aims for SC gun rights (South Carolina)

[shadowrider]

State Sen. Lee Bright, R-Roebuck, has prefiled legislation that would make a firearm, firearm accessory or ammunition that is commercially or privately manufactured in South Carolina and does not leave this state exempt from federal regulation, including registration.

The “South Carolina Firearms Freedom Act” cites the 10th Amendment, which gives states rights not granted to the federal government in the Constitution. The bill stipulates that the federal government doesn’t have the right to regulate such items that do not leave the state under the Commerce Clause in the U.S. Constitution.

The bill is modeled after an effort in Montana that became law there in October, but has since been overturned by a federal judge. That decision is under appeal.

“If the gun is made here and used here, I don’t know how the Commerce Clause can regulate it ...

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Democratic state Sen. Brad Hutto, an Orangeburg attorney, said the time and resources it would take to verify the constitutionality of Bright’s bill can and should be spent on more productive things.

“The bigger issue is that when the vast majority of South Carolina is concerned about jobs, the economy and health care, why would we want to devote our precious resources to this?” Hutto said.

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“Basically, we’re saying if the gun is made here, South Carolina is going to say what kind of regulations apply,” Bright said. “We feel that South Carolinians should be able to determine how to protect themselves — not the federal government — which is why most people have firearms.”

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“His challenge to federal authority ought to be done in the Congress of the United States. This is not the first time, and I’m sure it’s not the last,” Hutto said.

“I genuinely believe he would make an excellent congressman. But to bog our body down with something that needs to be debated in Washington is not a wise use of resources going into this legislative session,” Hutto said.

http://www.goupstate.com/article/20101226/ARTICLES/12261020/1083/ARTICLES?p=3&tc=pg

Since when are states rights a challenge to federal authority? Simple. Since the states have already meekly laid down in the past, the feds have determined they are in charge and THEY decide which rights states have.

IMO, this is a truly states rights issue over which the feds have NO authority, period.

[no_hypocrisy]

1. The courts won't recognize the 10th Amendment as a vehicle to neutralize

the supremacy of federal law over state law. The 10th Amendment is operative when federal law is silent on a matter and that's when a state can decide, provided the statute doesn't violate the other provisions of the federal Constitution.