On the heels of their compatriots in West Virginia passing a bill allowing Constitutional carry, South Carolina’s legislature has passed a bill of their own that nullifies federal gun laws! (Kind of – I’ll explain the problem further down.)
To be quite honest, this move is long past due. In fact, every state should pass a similar law and once a conservative has been elected President, the American legislature should send that President a bill eliminating all federal gun laws. Why? Because the 2nd Amendment to the Constitution is clear — the federal government has no power to pass any laws restricting the right of the people to keep and bear arms (guns). You can read it for yourself, from Constitution.com:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The Right of the People… shall NOT be Infringed.
Pretty clear. If we think on it a bit more, we might also consider the purpose for the writing of the Bill of Rights as an add-on to the Constitution. Our Founders believed that the Constitution was a delineation of the duties of the government and that the people’s rights were innumerable while the power of the government was limited. However, they also knew that if they did not include the Bill of Rights, a despotic government might one day try to limit our rights in favor of government power. So they included the Bill of Rights as a way to remind everyone that we had certain God-given rights that no government had the “right” to contradict or infringe upon.
In this light, the point of the 2nd Amendment is made even clearer. The federal government is prohibited from passing laws that infringe on our right to keep and bear firearms.
South Carolina’s HB 4701 and SB 125 (also called the Second Amendment Preservation Act) were written in an effort to right the wrongs committed by the federal government, by nullifying their efforts to infringe on our 2nd Amendment right to self-defense. The bill amends South Carolina’s laws and says that “THE STATE SHALL NOT ENFORCE CERTAIN LAWS, RULES, OR REGULATIONS THAT LIMIT THE RIGHT OF A PERSON TO OWN, POSSESS, OR USE A FIREARM, AMMUNITIONS, OR FIREARM ACCESSORIES, ACCEPT CERTAIN FEDERAL FUNDS THAT REQUIRE FIREARMS TO BE REGISTERED OR CONFISCATED, OR EXPEND ANY STATE FUNDS TOWARD THE ENFORCEMENT OF CERTAIN FEDERAL LAWS, RULES, OR REGULATIONS THAT REQUIRE FIREARMS TO BE REGISTERED OR CONFISCATED.”
Sadly, the Bill doesn’t nullify Congress’s past actions against gun owners but only says that South Carolina will not enforce any new (after January 1st 2016) federal gun laws. It’s not perfect, but it’s a start. The next step will be pushing for the nullification of ALL federal gun laws, because all of them (new and old) are unconstitutional and therefore illegal and invalid.
The opinions expressed in this commentary are solely those of the author and are not not necessarily either shared or endorsed by iPatriot.com.