Their hearts are in the right place but . . .
Evan Nappen, expert gun lawyer, looks at the Firearms Freedom Acts:
Both Montana and Tennessee have passed FFAs, and they are to be commended for their commitment to the right to keep and bear arms. Unfortunately, the FFAs passed in Montana and Tennessee have serious problems that make their probability for success in the courts highly unlikely. Both states’ FFAs contain items regulated by the federal government not under its power of interstate commerce, but under the federal government’s power of taxation. It specifically includes silencers and destructive devices (firearms over .50 caliber).
November 11th, 2009 at 1:56 pm
U.S. v Rock Island Armory.
What if the State passing an FFA were to commit to challenging the taxing power, because the US chose to no longer collect the tax?