Firearms Freedom Act Introduced in Florida
10. Jul, 2009 
26 Comments
Introduced in the Florida House on July 6, 2009, the “Firearms Freedom Act” (HB-21) seeks to provide “that specified firearms, firearm accessories, and ammunition for personal use manufactured in state are not subject to federal law or regulation” in the State of Florida.
The bill is sponsored by Florida State Reps O’Toole and Plakon. They follow in the path of Montana, and Tennessee who have already passed such legislation. And they join with Utah, Texas, South Carolina and others who are considering it in an effort to limit federal regulation of guns, and specifically invoke the 9th and 10th Amendments as restrictions on federal power:
“the regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition”
Read the full text of the legislation below:
A bill to be entitled An act relating to regulation of firearms; creating s. 790.34, F.S.; creating the Florida Firearms Freedom Act; providing a short title; providing legislative findings; providing definitions; providing that specified firearms, firearm accessories, and ammunition for personal use manufactured in the state are not subject to federal law or regulation; providing that the importation into the state of specified parts and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, or ammunition to federal regulation; providing that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce; providing that specified firearm accessories imported into the state from another state do not subject a firearm to federal regulation under interstate commerce; providing legislative findings with respect thereto; providing exceptions; providing applicability; requiring that firearms manufactured and sold in the state must bear an indicia of manufacture by a specified date; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 790.34, Florida Statutes, is created to read:
790.34 Florida Firearms Freedom Act.–
(1) SHORT TITLE.–This section may be cited as the “Florida Firearms Freedom Act.”
(2) LEGISLATIVE FINDINGS.–
(a) The Tenth Amendment to the United States Constitution guarantees to the states and their citizens all powers not granted to the Federal Government elsewhere in the constitution and reserves to the State of Florida and its citizens certain powers as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.
(b) The regulation of intrastate commerce by the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the constitution and reserves to the State of Florida and its citizens certain rights as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845. 52
(c) The regulation of intrastate commerce is vested in the states under the Ninth Amendment and the Tenth Amendment to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the intrastate manufacture of firearms, firearm accessories, and ammunition.
(d) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Florida was admitted to statehood in 1845. The guaranty of that right is a matter of contract between the State of Florida and its citizens and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.
(e) Section 8, Article I of the Florida Constitution clearly secures to the citizens of Florida, and prohibits government interference with, the right of individual Florida citizens to keep and bear arms. This constitutional protection remains unchanged from the original Florida Constitution, which was approved by Congress and the people of Florida, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.
(3) DEFINITIONS.–As used in this section:
(a) “Basic materials” means raw materials, including, but not limited to, unmachined steel and unshaped wood, used in the creation and manufacture of firearms, firearm accessories, or ammunition that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition.
(b) “Borders of Florida” means the boundaries of Florida as described in s. 1, Art. II of the Florida Constitution.
(c) “Firearm accessories” means items that are used in conjunction with or mounted on a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speed-loaders, ammunition carriers, and lights for target illumination.
(d) “Generic and insignificant parts” includes, but is not limited to, springs, screws, nuts, and pins that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition.
(e) “Manufactured” means the creation of a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or any other processes used to form materials used in the creation of firearms, firearm accessories, or ammunition.
(4) FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION FOR PERSONAL USE MANUFACTURED AND REMAINING IN FLORIDA NOT SUBJECT TO FEDERAL LAW OR REGULATION; LEGISLATIVE FINDINGS.
(a)1. It is the finding of the Legislature that a firearm, firearm accessory, or ammunition for personal use that is manufactured commercially or privately in Florida from basic materials without the inclusion of any significant parts imported from another state and that remains within the borders of Florida is not considered to have traveled in interstate commerce.
2. A firearm, firearm accessory, or ammunition that:
a. Is for personal use;
b. Is manufactured commercially or privately in Florida from basic materials without the inclusion of any significant parts imported from another state;
c. With respect to a firearm, has the words “Made in Florida” clearly stamped on a central metallic part of the firearm, such as the receiver or frame; and
d. Remains within the borders of Florida is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.
(b)1. It is the finding of the Legislature that generic and insignificant parts that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not considered to be firearms, firearm accessories, or ammunition.
2. The importation into the state of generic and insignificant parts that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition, and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state, does not subject the firearm, firearm accessory, or ammunition to federal regulation.
(c)1. It is the finding of the Legislature that basic materials, such as unmachined steel and unshaped wood, that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not considered to be firearms, firearm accessories, or ammunition.
2. Basic materials, such as unmachined steel and unshaped wood, that may be used in the manufacture of firearms, firearm accessories, or ammunition but that have manufacturing or consumer product applications other than applications in the manufacture of firearms, firearm accessories, or ammunition are not subject to congressional authority to regulate firearms, firearm accessories, or ammunition under interstate commerce as if such basic materials were actually firearms, firearm accessories, or ammunition.
3. The authority of Congress to regulate interstate commerce in basic materials does not include the authority to regulate firearms, firearm accessories, and ammunition manufactured in the state from basic materials and that remain within the state.
(d) Firearm accessories that are imported into the state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce by virtue of being attached to or used in conjunction with a firearm in Florida.
(5) EXCEPTIONS.–This section does not apply to:
(a) A firearm that cannot be carried and used by one person.
(b) A firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, rather than black powder, as a propellant.
(c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
(d) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
(6) APPLICABILITY.–This section applies to firearms, firearm accessories, and ammunition described in subparagraph
(4)(a)2. that are manufactured in Florida after October 1, 2010, and remain within the state.
(7) FIREARMS MANUFACTURED IN FLORIDA; INDICIA OF MANUFACTURE REQUIRED.–Effective October 1, 2010, a firearm manufactured and sold in this state must have the indicia “Made in Florida” clearly stamped on a central metallic part of the firearm, such as the receiver or frame.
Section 2. This act shall take effect October 1, 2010.
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This is a big step for FL, one which puts them at the forefront of the 10th Amendment Movement.
After election after election smelling like fish in FL, perhaps the people are finally tired of listening to the Feds.
My favorite fight!.. I’m hoping that the feds will see the futility of regulating our 2nd Amendment rights. I just wish my home State of Washington wasn’t so liberal, I’m cheering from the sidelines for States that have “grown a set”.. Now, If only the Ammunition Manufacturers would kick it into high gear.
A direct attack on the feds’ excuse for everything, the commerce clause. I doubt their own judges will rule in favor of liberty, but it’s great to see people taking a stand. We don’t really need permission from judges to have freedom, right?
Hurray….It makes my heart proud to see our great state of Florida taking on the Feds! Three cheers for Reps O’Toole and Plakon!!! Now, we as freemen and gun owners must see to it that we support these brave men in their endeavor. Cheers to all!!
Jeffersonian,
Not as long as we don’t give up our guns. But I fear the day we are ordered to our Sheriff’s office to turn over our weapons is the day of awakening
This type of legislation is simply a revelation of the truth that we needs just one state to start the freedom movement for other states to follow. Were it not for Montana taking the lead on this issue, Florida, Tennessee and the others would not likely have followed. We need more of the same.
Montana my ass. Oklahoma is at the forefront of the state soveriegnty movement, and it has been for some time now. Oklahoma will always be at the forefront of the movement, not because of its representatives, but becauase of its people — a reflection of its representatives. I’ve long since, as an Okie, advised migrators here to adhere to our laws and istitutions, and to observe extreme caution in trying to change them. If you want to change things in your native state, then by all means change them there. Don’t bring your illegitimate governmental philosophy to this state. It isn’t welcome. And I’ll personally make sure of it.
Begone my children!
Most certainly Oklahoma would be a part of the “freedom” movement in this arena. Why the criticism against Montana (i.e. “Montana my ass”), I don’t know. If you believe in freedom, then you should be excited to see what states, including Montana and Oklahoma, are doing.
To shun/demonize another freedom-loving state (e.g. Montana) who is willing to put their faith into action is to defeat the entire movement of the free state projects–whether in Oklahoma, Montana, Arizona or wherever they happen to be.
For God’s sake, I hope all the states join in the movement!!
Actually, the “Firearms Freedom Act” would only reaffirm a right that the “non-living, non-breathing” Constitution already recognizes in the Bill of Rights.
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Here is what James Madison said in Federalist #46:
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“Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it.”
The 2nd Amendment says “…shall not be infringed.” Does anyone seriously believe that the danger of infringement by the federal government does not exist? That such infringement is not being actively promoted by anti-second amendment groups? The opposition to the Firearms Freedom Act would seem to confirm that.
Larry,
Even though Washington is liberal, mostly west of the Cascades, you do not have to sit on the sidelines.
Find one or more conservative legislators and help them introduce a sovereignty resolution. Hook up with the Washington Teaparty movement they should be willing to help. If you can not find a willing legislator to introduce a sovereignty resolution, start a petition to demand or request the Washington legislators (forget the Governor) to introduce one.
You have nothing to lose, and in the process of trying you will be surprised at the people that will come to your side.
One of my concerns about judge Sonia Sotomayor was her ruling that the 2nd Amendment doesn’t apply to STATE govt.; in other words, she ruled that the 2nd amendment may prevent the FEDERAL govt. from banning guns but does NOT prevent STATES from imposing gun bans. I don’t believe her opinion on this matter is quite in line with the spirit of our Constitution.
For every action there is a reaction; for every weight that is removed from one side of the balance, the other side moves correspondingly. For those of you who see the danger in Sotomayor stating that the 2nd amendment does not apply to states, this actually creates a great opportunity for the state sovereignty movement because what these Federal government administers are doing is handing to we the people the power that rightfully belongs to us, whether they realize it or not.
In other words, if the 2nd amendment does not apply to the states, then neither do the remaining amendments and neither do any other issues that was directed at the federal government and not the states. It in fact recognizes the federal society that we were originally compacted under, which limits the federal government under the US Constitution and acknowledges the separate and sovereign jurisdiction of the states under their respective constitution.
It is time that we the people decide which side of the issue we are going to stand: do we believe that all the states in the union should be compacted together with other states who care nothing for freedom for them and their posterity, or do we cut the dead weight and focus on the new era of freedom in places and with people who truly love freedom.
If there are states who do not want to protect freedom for their citizens, then maybe the citizens in those states who love freedom will consider another state to move to, which of course will improve the commerce and way of life for all of those states who do care about freedom.
Let’s face it, people, we do not live in the same US of A that we lived in 100 and 200 years ago.
The ATF responded today to the TN firearms bill by sending out an interesting letter to TN firearms manufacturers. Take a look at the letter here:
http://www.tfaonline.org/forum/viewtopic.php?f=1&t=2454
Exception d:
(d) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
grow a pair Florida legislature….
Mack, so you think it’s worthless to resist the federal government in this way – because they haven’t gone far enough?
No 2nd amendment any were in the u.s.! If a releitive or ex- wife or girlfried want to really hurt you all they have to do is go to the clerk of court an get an injunction against domestic violence an the local sheriff wil take all your firearms an ammo, you will got to court an the state or county WILL NOT PROVIDE YOU WITH A LAWYER because you have commited no crime, but the judge will demand that you enter a p[lea of guilty or not guilty, Guilty of what you have committed no crime, but if a relitive gets made at you you no longer have the right to have a fire arm or ammo! The injunction against domestic violence is just like the witch hunts hunts, all someone has to do is say witch an your seconded amendment rights an thousands of dollars of collectable firearms are gone c/r license or ffl license it doesn’t matter you no longer have the right to bare arms! This is a true story i have documents to prove it! STOP THE INJUNCTIONS AGAINST AGAINST AGAINST DOMESTIC VIOLENCE OR PROVIDE A LAWYER AN ARREST THE PEOPLE WHO FILE THE FALSE STATEMENTS! FL. IS REAL BAD ON THIS AN LAKE COUNTY HAS SOME OF THE MOST ANTI-2nd amendment violations in the state! some one do somethig to stop this!!!!!!
I find a bad flaw under item#5 EXCEPTIONS: d. “A firearm that discharges two or more “projectiles” with one activation of the trigger or firing device”. This phrasing would include a common shotgun! The word “cartridges” should have been installed instead of projectiles! It’s apparent the writer was not familiar with proper ammunition nomenclature! This NEEDS to be corrected!