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Guns Laws and Shower Heads

Submitted by David Hancock on Saturday, 9 May 2009One Comment
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supremecourt1What do gun laws have in common with shower heads?  They are both regulated by the Federal Government.  At least for now they are.  But there is a case working through the system that could drastically reduce the influence of the Federal Government in the lives of its citizens, and the results could be bigger than anything most of us have seen in our lifetime.

Every year in Georgia, as in every state in the Union, the Federal Government increases its control over our lives.  The maximum flow for our shower, the minimum wage for our employees, regulations over water quality, gun laws and a host of other things.  Read the Constitution and you will wonder how they assumed these powers.

Wickard v. Filburn

The answer is from a Supreme Court decision that came down in 1942 after FDR tried to control wheat production to stop price swings.  A certain farmer exceed his allotted production claiming that it was only for his family and therefore could not be regulated by the Federal Government which, according to the Constitution, could only regulate commerce between states.  But the Supreme Court ruled that if this farmer grew wheat for his family then he would not be buying it from another state, and so, they reasoned, his farm was involved in interstate commerce.

As twisted as that sounds it held and the Feds have been charging ahead ever since.

But Montana has just passed a law that says the Federal Government cannot regulate any gun made and sold exclusively in the State of Montana – and other states will be following suit.  The Montana law goes into effect on October 10 and is expected to be challenged immediately.  If enough other states have similar laws then the Supreme Court will take up the case to keep circuit courts around the country from making different rulings.  And I have heard that when they take it up there is an excellent chance the 1942 ruling will fall – and a host of Federal Regulations will fall with it.

So – what can you do?  Find out more about the Montana law and the ruling in the Supreme Court case (check out Wikipedia) and then contact your state representative.  Many will probably not want to be seen as just following another state, but I believe that this is important enough that some member of the House will get behind it.  If the Georgia House comes back into session to handle the budget problems there may be a slim chance they would allow legislation to be introduced this year, however it will most likely have to wait until the regular session in 2010.

Don’t bother watching the major media outlets for coverage – this is one you will have to follow on your own.

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