West Virginia is the kind of State that isn’t afraid to stand up to the feds when it comes to protecting their people’s constitutional rights.
CHARLESTON, W.V., January 15, 2014 – West Virginia state delegate Cindy Frich, along with five cosponsors have introduced a bill to block the implementation of federal gun control measures within the state.
House Bill 2832 (HB2832), the Firearm Protection Act, prohibits all state public servants from enforcing any “act, law, statute, rule or regulation of the United States Government relating to a personal firearm, firearm accessory, or ammunition” provided that the item in question remains “exclusively within the borders of West Virginia.”
Based on a principle with over 170 years of Supreme Court jurisprudence, HB2832 stands on strong legal grounds.
Under the anti-commandeering doctrine, the federal government holds no power to require a state to help carry out federal acts or regulatory programs. As Georgetown Law Professor Randy Barnett told National Journal recently, “State governments are free to refrain from cooperating with federal authorities if they so choose.”
Google+
Gregory Smith