Continuously opining, intermittently publishing.

Archive for March, 2011

Here is my constitutional analysis of the Wyoming Firearms Freedom Act, published this month, March 2011, in the Wyoming Law Review.* Below is an excerpt (p. 238):

Although the Wyoming Firearms Freedom Act conflicts with existing federal law, the Act is a constitutionally valid exercise of state power. The Act is a manifestation of the doctrines of interposition and nullification espoused by James Madison and Thomas Jefferson in the early history of the United States. The Act is also a clear exercise of state sovereignty that comports with the historical development of the Tenth Amendment.

*O. Shane Balloun, Comment, The Disarming Nature of the Wyoming Firearms Freedom Act: A Constitutional Analysis of Wyoming’s Interposition Between Its Citizens and the Federal Government, 11 Wyo. L. Rev. 201 (2011).