Firearms made in SC are Exempt from Federal Regulations

Firearms made in SC are Exempt from Federal Regulations

S.117 asserts that firearms, firearm accessories, and ammunition that are manufactured and remain solely in South Carolina are beyond the authority of congress to regulate under the commerce clause and are therefore exempt from federal regulation. This is a laudable attempt to protect the 2nd amendment rights of South Carolinians from federal regulations that are constitutionally questionable. It’s unclear however, whether this act would survive a court challenge considering the large extent to which U.S. courts have allowed congress to stretch its regulatory powers under the commerce clause.

S.126 is a very similar bill, but it goes a step further by nullifying future federal firearm regulations within South Carolina. This second bill would also make it a crime for an official of the U.S. government to attempt to enforce federal firearm regulations on firearms manufactured and retained in South Carolina. It is extremely unlikely S.126 would survive a court challenge.

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Category: Individual Liberties, Legislation · Tags: