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https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=11320
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 25, 2013 11:31 AM
From: Representative Matt Gabler
To: All House members
Subject: “Firearms Freedom Act” (formerly HB 752 of 2011)
 
In the near future, I am planning on re-introducing legislation that will help protect Pennsylvanians’ rights that are enshrined in the Second Amendment of the US Constitution and Article I Section XXI of the Pennsylvania Constitution by clarifying the relationship between federal and state laws on firearms.

Article I, Section XXI of the Pennsylvania Constitution states quite simply that, “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned” (emphasis added).

Considering recent movement by Federal officials to attempt to further regulate law-abiding citizens’ rights to possess certain types of firearms, this bill is necessary to push back against an overzealous Federal Government.

The US Constitution grants certain enumerated powers to the Federal Government, including the regulation of interstate commerce. However, the Ninth and Tenth Amendments clearly state that rights not enumerated and powers not specifically granted to the Federal Government remain wholly in the hands of the states and the people. Clearly, intra-state commerce falls within this category.

My legislation will establish that firearms and firearm accessories that are manufactured and exclusively sold in the Commonwealth of Pennsylvania, carrying the brand “Made in Pennsylvania” (all clear indicators of intrastate commerce), would be subject only to state law. This legislation is substantially similar to legislation that was originally enacted in Montana, later enacted in Alaska, Arizona, Idaho, South Dakota, Tennessee, Utah and Wyoming, and introduced in at least 20 states.

I strongly encourage you to join with me in this effort to reassert our legitimate authority over products made and sold within this Commonwealth.

Prior cosponsors of HB 752: BENNINGHOFF , AUMENT, BAKER, BARRAR, BEAR, BLOOM, BOBACK, BOYD, BROOKS, CALTAGIRONE, CAUSER, CHRISTIANA, CLYMER, CREIGHTON, CUTLER, DAY, DENLINGER, EVANKOVICH, EVERETT, FABRIZIO, FLECK, GEIST, GIBBONS, GILLEN, GINGRICH, GODSHALL, GOODMAN, GROVE, HARHART, HARRIS, HEFFLEY, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M.K. KELLER, MILLARD, MILLER, MOUL, MURT, OBERLANDER, PAYNE, PETRARCA, PICKETT, PYLE, RAPP, READSHAW, REED, REICHLEY, ROAE, ROCK, SACCONE, S.H. SMITH, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, VULAKOVICH AND WHITE.



Introduced as HB475