O. Shane Balloun, a third-year law student at the University of Wyoming College of Law, recently published a comment (that’s “article commenting on a case or law” in legal-journal speak) in the Wyoming Law Review, “The Disarming Nature of the Wyoming Firearms Freedom Act: A Constitutional Analysis of Wyoming’s Interposition Between Its Citizens and the Federal Government.” O. Shane has made the article available for download on his blog, and it’s a must-read for all gun rights advocates and anyone interested in nullification theory, whether a layperson or attorney.
I give O. Shane a great deal of credit for an excellent analysis of current Commerce Clause case law, providing a long-overdue legal framework for nullification theory (though it may ruffle some feathers in the Tom Woods camp), and how these can both stack up behind Wyoming’s Firearms Freedom Act. As the Montana lawsuit for that state’s FFA proceeds in the Ninth Circuit, O. Shane has made an excellent contribution to (hint hint?) a future lawsuit in Wyoming, which is in the Tenth Circuit. Separate lawsuits in different federal circuits are often important, because different results can prompt the United States Supreme Court to consider one of the cases and reconcile the “circuit split” with a binding, nationwide decision.