Becker’s not sure which federal laws or restrictions would be impacted by the changes he’s proposing but said the bill will do two things:
- Assert Ohio's sovereignty to an increasingly intrusive federal government
- Encourage firearm manufacturers to open up shop in Ohio
“[The feds] use the Commerce Clause or General Welfare clause to effectively make the Constitution do and say anything they want it to do or say, which is very much the opposite of the original intent of the Constitution,” Becker said.
The bill cites the Second, Ninth and Tenth amendments to the U.S. Constitution to justify the change.
Montana passed a “Firearm Freedom Act” in 2009, and other states have passed similar legislation: Alaska, Arizona, Idaho, Kansas, Montana, South Dakota, Tennessee, Utah and Wyoming. Nearly identical legislation failed to move out of an Ohio House committee in 2009. That bill had about 10 more cosponsors than the three who have signed on to Becker’s.
Bureau of Alcohol, Tobacco, Firearms and Explosives officials told Montana firearm manufacturers that federal law supercedes the Montana law and pro-gun rights groups there have filed suit against the feds. Two courts ruled in favor of the government, and the pro-gun groups plan to appeal to the U.S. Supreme Court.
If the Supreme Court takes on the case, Becker said, that would put an end to his bill. Meanwhile, Becker said, the bill is worth discussing.
“It’s an exercise in preserving state’s rights, state sovereignty,” Becker said. “It’s asserting our ability to decide for ourselves what our law should be regarding firearms.”
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