Raising the bar for Nullification

Around the country, twenty two states are currently considering a bill known as the “Firearms Freedom Act.” This bill declares that guns, accessories, and ammunition made within a state, sold within that state and kept in that state are not subject to federal laws or regulations under the “Interstate Commerce Clause” of the Constitution.

Montana and Tennessee passed a Firearms Freedom Act into law in 2009, and a number of states are moving that direction in the 2010 legislative session. In South Carolina, where a Firearms Freedom Act was also introduced in 2009, some representatives have taken things a step further.

NULLIFYING GUN REGISTRATIONS

Introduced in the South Carolina General Assembly this week is House Bill 4509 (H4509), which if passed, would make law that “no public official of any jurisdiction may require registration of purchasers of firearms or ammunition within the boundaries of this State.”

No caveat for regulations under the commerce clause. No caveat for types of firearms either. This bill says NO to all gun registrations – period.

The principle behind such legislation is nullification, which has a long history in the American tradition.

In the Kentucky Resolutions of 1798, Thomas Jefferson wrote in response to the hated Alien and Sedition Acts:

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