We're All Federalists (Sometimes)
November 04, 2005
Speaking of a new federal firearms law, someone said the following: "The legislation violates federalism and separation of powers constraints ...." Was it someone arguing against the Brady Act, which imposed a federal waiting period on all handgun sales. Perhaps it was someone arguing the federal "assault weapons" ban, which outlawed hundreds of firearms? My guess is that the speaker is Robert Levy of the Cato Institute, or Second Amendment god Stephen Halbrook. Bzzt - wrong! The speaker was none other than Sayre Weaver, legal director of the Educational Fund to Stop Gun Violence of Washington. The context?
Ms. Weaver was criticizing a new federal law that immunizes gun makers from being sued. State and local governments in blue states had begun suing gun manufacturers, and the lawsuits threatened to drive the gun industry out of business. In other words, lawsuits in blue states would keep guns out of red states. Whether the Protection of Lawful Commerce in Arms Act of 2005 violates federalism is an interesting issue: here is a link to the debates. What is amusing to me is that those who intend to challenge the law are now friends of federalism.
Where was Ms. Weaver and her pro-gun-prohibition organization during the Brady Act debates? Was she a federalist then? Looking at her organization's website, I see that they support federal regulation of everything firearms-related, except federal regulation that would end gun-related lawsuits.
Poor federalism!