Arizona asserts Tenth Amendment.

Arizona Governor Jan Brewer signed into law HB 2307 and HB 2543 limiting restrictions on firearms within the State.

HB 2543 prevents political subdivisions from passing restrictive ordinances on the possession of firearms. Cities and counties will no longer be able to pass ordinances restricting gun owners with a CCW from parks and registering serial numbers. The law is retroactive. The law states, specifically, that

A political subdivision of this state shall not enact any rule or ordinance that relates to firearms and is more prohibitive than or that has a penalty that is greater than any state law penalty. A political subdivision’s rule or ordinance that relates to firearms and that is inconsistent with or more restrictive than state law, whether enacted before or after the effective date of the amendment to this section, is null and void.

The Supreme Court is in the process of deciding McDonald v. Chicago which could prohibit restrictive actions by cities on a national level.

HB 2307 will allow guns manufactured in Arizona, beginning October 1, to be exempt from federal firearms registration and control. The only bad part is the law does not apply to:

1. A firearm that cannot be carried and used by one person.

2. A firearm that has a bore diameter of more than one and one-half inches and that uses smokeless powder as a propellant.

3. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.

4. A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

E. A firearm that is manufactured and sold in this state pursuant to this section shall have the words “made in Arizona” clearly stamped on a central metallic part such as the receiver or frame.

F. For the purposes of this section:

1. “Firearm accessory” means an item that is used in conjunction with or mounted on a firearm but that is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination.

The bill is sure to draw fire from ATF as similar laws did last year. Tennessee which passed as similar law last year without the signature of the governor. Firearms dealers subsequently received threatening letters from the ATF asserting that States had no rights.



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This entry was posted in Bill of Rights, Congress, Constitution, Ninth Amendment, Second Amendment, Tenth Amendment, Video and tagged , , , , , , , , . Bookmark the permalink.

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