1972 Consumer Product Safety Act (USC Sec 2051-2089 10/1972) prohibits firearm regulation, as required by the 2nd Amendment
The 2nd Amendment states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The 3rd word is key - "regulated". Such "regulation" is the central tenants that Congress established in the Consumer Product Safety Act:
"(6) regulation of consumer products the distribution or
use of which affects interstate or foreign commerce is
necessary to carry out this Act.
(b) The purposes of this Act are—
(1) to protect the public against unreasonable risks of
injury associated with consumer products;
(2) to assist consumers in evaluating the comparative
safety of consumer products;
(3) to develop uniform safety standards for consumer
products and to minimize conflicting State and local
regulations; and
(4) to promote research and investigation into the causes
and prevention of product-related deaths, illnesses, and
injuries."
However, Section 3(e) of P.L. 94-284 [S. 644; May 11, 1976] added a prohibition against any regulations related to firearms or their accessories. "The Consumer Product Safety Commission shall make no ruling or order that restricts the manufacture or sale of firearms, fire-arms ammunition, or components of firearms ammunition, including black powder or gunpowder for firearms.”".
Such a prohibition is contrary (perhaps even unconstitutional?) to the stated requirement in the 2nd Amendment that a "well regulated" militia is necessary. It also contradicts the Congressionally stated purpose of the CPSA to "protect", "assist", "develop", and "promote" safe consumer products so that US citizens can pursue "life, liberty, and the pursuit of happiness"....including the safe use of firearms and their accessories. Such safety is not an "infringement" of the 2nd Amendment, but a requirement to meet the overarching direction to provide "regulated" firearms.
Sources:
2nd Amendment - https://constitution.congress.gov/constitution/amendment-2/#:~:text=A%20well%20regulated%20Militia%2C%20being,Arms%2C%20shall%20not%20be%20infringed.
Consumer Product Safety Act (including footnote 1, page 5) - https://www.cpsc.gov/PageFiles/105435/cpsa.pdf?epslanguage=en
"(6) regulation of consumer products the distribution or
use of which affects interstate or foreign commerce is
necessary to carry out this Act.
(b) The purposes of this Act are—
(1) to protect the public against unreasonable risks of
injury associated with consumer products;
(2) to assist consumers in evaluating the comparative
safety of consumer products;
(3) to develop uniform safety standards for consumer
products and to minimize conflicting State and local
regulations; and
(4) to promote research and investigation into the causes
and prevention of product-related deaths, illnesses, and
injuries."
However, Section 3(e) of P.L. 94-284 [S. 644; May 11, 1976] added a prohibition against any regulations related to firearms or their accessories. "The Consumer Product Safety Commission shall make no ruling or order that restricts the manufacture or sale of firearms, fire-arms ammunition, or components of firearms ammunition, including black powder or gunpowder for firearms.”".
Such a prohibition is contrary (perhaps even unconstitutional?) to the stated requirement in the 2nd Amendment that a "well regulated" militia is necessary. It also contradicts the Congressionally stated purpose of the CPSA to "protect", "assist", "develop", and "promote" safe consumer products so that US citizens can pursue "life, liberty, and the pursuit of happiness"....including the safe use of firearms and their accessories. Such safety is not an "infringement" of the 2nd Amendment, but a requirement to meet the overarching direction to provide "regulated" firearms.
Sources:
2nd Amendment - https://constitution.congress.gov/constitution/amendment-2/#:~:text=A%20well%20regulated%20Militia%2C%20being,Arms%2C%20shall%20not%20be%20infringed.
Consumer Product Safety Act (including footnote 1, page 5) - https://www.cpsc.gov/PageFiles/105435/cpsa.pdf?epslanguage=en
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