PA Republicans Introduce “Freedom of Firearms Act” to Circumvent Federal Gun Reform; Massive Loophole Included

While Pennsylvanian’s support sensible gun control measures in the wake of the Sandy Hook Massacre, the inmates running the Pennsylvania House Asylum have introduced the “Firearms Freedom Act,” which would circumvent any sensible gun control measures passed by the federal government.   In the most recent polling data, 94% of all Pennsylvanian’s favor background checks on all gun purchases, 61% banning high capacity magazines, banning assault weapons and limiting gun purchases to once a month, but Pennsylvania House Republicans have introduced a bill that goes against the clear majority of residents in the commonwealth.

The subject line of the bill – HB 475 – is pretty straight forward.  It states that “prohibiting certain firearms, firearm accessories or ammunition from being subject to Federal law or Federal regulation.”  The bill uses the 9th and 10th amendments as reasons why the survivalist wing of the republicans party should be protected.  The bill reads:

“The 10th amendment to the Constitution of the United States guarantees to the states and their people all powers not granted to the Federal Government elsewhere in the Constitution and reserves to the Commonwealth and people of Pennsylvania certain powers as they were understood at the time that Pennsylvania was admitted to statehood in 1787. The guaranty of those powers is a matter of contract between the Commonwealth and people of Pennsylvania and the United States as of the time that the compact with the United States was agreed upon and adopted by Pennsylvania and the United States in 1787.”

“The 9th amendment to the Constitution of the United States guarantees to the people rights not granted in the Constitution and reserves to the people of Pennsylvania certain rights as they were understood at the time that Pennsylvania was admitted to statehood in 1787. The guaranty of those rights is a matter of contract between the Commonwealth and people of Pennsylvania and the United States as of the time that the compact with the United States was agreed upon and adopted by Pennsylvania and the United States in 1787.”

The bill uses the interstate commerce clause and is designed to protect any weapon that is manufactured in Pennsylvania, but the bill clearly states that ammunition or any other parts or mechanisms manufactured outside of the state is not subject to federal regulation because they are not connected to the gun at the time of manufacturing.  But this bill excludes firearms that cannot be carried and used by more than one person, a gun that has a bore diameter over 1 1/2 inches that uses smokeless black powder and “ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.”  At the end of the bill, the legislation allows for a gaping loophole that a truck can drive through.  As long as any firearm has “Made in Pennsylvania” stamped on the metallic part of the gun, it is exempted from any federal regulation (hmmm I see what they did there).

Since Pennsylvania Republicans are preoccupied in circumventing any proposed federal gun legislation, hundreds of thousands of people in the state are missing out on the expansion of Obamacare.  Thankfully the Republicans  are putting gun priorities first, stay classy Pennsylvania.


Sean Kitchen is an Assistant Editor and Social Media Organizer for Raging Chicken Press. He is student at Kutztown University.

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About Sean Kitchen 681 Articles
Contributor and Assistant Editor for the Raging Chicken Press. Stationed in Harrisburg covering politics in the capitol. You can send tips to or reach me on twitter at @RCPress_Sean!
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7 Comments on PA Republicans Introduce “Freedom of Firearms Act” to Circumvent Federal Gun Reform; Massive Loophole Included

  1. ObamaCare is totally separate from gun control. The ACA will bankrupt the state. What that has to do with gun control in PA, only a liberal can explain. I make this point because your entire column misses the mark. You cite stats that are cherry picked to your beliefs and then complain that the GA isn’t doing what the people want. You neglect anything favorable that counters your point such as the majority of citizens that support armed guards in schools. There is no legislation on that but I’m pretty sure that doesn’t bother you because schools should be “gun free” so that any nut can inflict damage on a school until police arrive and they take their own life.

      • Cherry-picked does not mean it’s not from an accurate source. Yet again you create a straw man. So you got stats from the Patriot News and that means your argument is valid? Cherry picking is only including stats favorable to your argument while neglecting other stats that support pro gun measures or less gun control.

  2. Kevin u took the word right out of my mouth. Besides the inherant lack of common sense, and respect for the constitution his arguement exhudes, he jumps from one unrelated topic to another. While at the same time attacking the opposing side in a most cowardly and inciduous fashion by suggesting, not declaring, that gun rights supports level of sophistication and understanding is in question simply due to their stance on the issue. Which in itself is an insult to the nature of democracy and to mention an insult to fellow Americans who happen to disagree w his position.
    Also anytime someone begins to suggest that the constitution is out dated, or somehow very clear, and timeless concepts are no longer valid, their arguement is a best misguided and incorrect. A much more acurate and to the point summary of such arguements would almost without exception be that it is borderline treasonous. Knowingly acting and speaking against the best interest of the people, and the country as a whole. And more suitably described as intentionally misrepresenting the intended purpose of, and need for the rights the constituion states, and protects. Not only speaking of the issue itself, but the opening of the door to finding precidene to undercut and and cripple the rest of the constitution and the bill of rights.
    And finally i dont think loophole is an accurate description. It incinuates intent of being unnoticed and intention of bein used for something other than its percieved use. i think huge gapin casum is more apt to the situation. intentionally and conspicuously making it very clear, and on no uncertain terms, that their stance is for reserving the right to arm themselves. In any way they see fit, to be prepared and best able to defend the constitution, their children, themselves, their homes, their family, and even ur right to voice whatever distorted and passive-agressive opinion u may have. A giant canyon that cannot be circumvented by some devious and unscrupulous “loophole.”

  3. It is about time that members of a state legislature begin to take the necessary steps to recapture the Constitutional Rights of the States that have been usurped by the Federal government predominantly in the latter part of the 20th Century. After >25 yrs as a BATF Special Agent I watched as the Federal government, and the BATF began the battle to convince the Courts and State Legislatures, knowing the in the restructured Republic the minds of citizens were only tangential, and inconsequential when it comes to matters of Constitutionality, and the law. They presumed that anytime that they had a mind to do something otherwise unconstitutional, it could be remedied by adding the tagline “in or affecting Interstate Commerce” believing that would give them a clear shot at acting as they pleased, especially in the area of what some call “Gun Control” or “Gun Safety”, but which is more accurately described as “Citizens Access to Firearms Control” or “Criminal’s Safety from the Threat of an Armed Citizen”. Worst of all, the Federal Courts have sanctioned the Constitutionality of that sacred phrase “…in or affecting Interstate Commerce” as if saying it in a statute would make it true. Now, with many of the older BATF Special Agents who grew up in the job after being recruited by our old “Revenoors” for their knowledge of firearms, military combat experience, and long-term hunters and outdoorsmen retiring, or already having been retired, that agency (which was quietly transferred to the Justice Department (DOJ) in the Federal Gov’t’s restructuring while almost every other Treasury Agent moved over to Homeland Security with their agencies, which might seem innocuous enough if it were not for the fact that DOJ is directly under the thumb of Eric “I’m the Attorney General & Chief Law Enforcement Officer (LEO) Holder, which is kind of a bit of humor as he has never served as as a LEO, just another lawyer, and personal enemy of all 2nd Amendment” rights, just ask those of us who moved over to the new Bureau of Gun Control, and who have observed how their role in Federal Law Enforcement has changed, the giant FBI has been given our job in the fields of Explosives (despite the fact that they tagged it on to the back of our name as a confusing afterthought) and Arson, where their agents have limited experience, while we were relegated to the role of “Junior G-Men”, who watch guns go to the Cartels in Mexico, so as to be available to shoot other Federal agents, etc. since their managers, or at least some of them have backbone and are willing to refuse to do stupid things since their Director has a ten (10) year term and the “LEO Chief” can’t gratuitously replace him. Hang on to your holster (which may soon be emptied by the “in or affecting Interstate Commerce Gang” unless you, me and everyone else back up these legislatures who recognize that a firearm made in PA and remaining in PA, has nothing to do with Interstate Commerce, except as defined by AG/Chief LEO, Brady Pawn Holder, and soon to have his term limited tenure revoked by the Constitution which he is so fond of manipulating for his own benefit, and his co-president Michelle, Queen of the School Cafeteria, henpecked POTUS B. Hussein Obama.

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