The bill, called the South Carolina Firearms Freedom Act, cites the Ninth and Tenth Amendments for legal support, in conjunction with the Commerce Clause of the Constitution. The argument goes that the two Amendments give to states all powers not specifically given to Washington, and that since state’s regulate intrastate commerce—in this case, the sale and purchase of firearms—states have the sole authority to regulate firearms manufactured and used within their borders.
The bill’s scope is specifically limited to only natively built and sold firearms to keep it from broaching the federal government’s power to regulate interstate trade via the Commerce Clause.
State Sen. Lee Bright (R) pre-filed the bill earlier this month for the state legislature to take up the issue in the coming session.
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