Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment

Tenth Amendment Center ^ | 11-11-09 | Michael Boldin

[RepublicnotaDemocracy]

In states around the country, there’s a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment. Already being considered in a number of state legislatures, and passed as law in Montana and Tennessee this year, the Firearms Freedom Act (FFA) is a state law that seeks to do just that.

The latest to join the FFA movement? Kentucky. Pre-filed for the 2010 legislative session, HB87 seeks to “Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky, marked made in Kentucky, and used in Kentucky, to specify that these items are exempt from federal law”

While the FFA’s title focuses on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government. The bills in state houses contain language such as the following:

“federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in [this state] and remains in [state]. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.”

[Army Air Corps]

Ping

[Former Proud Canadian]

Excellent.

[Windflier]

Come on, Texas. Let’s get with the program.

[Publius6961]

Maybe they should add a provision that forcing you to buy health insurance is not the same as forcing you to accept the draft...

[Uncle Sham]

Simply Pass This Law at the state level and it's over with for the Usurper and his cronies.

[ForGod'sSake]

Thanks Army Air Corps!

Kentucky has entered the room!

Click the 10th Amendment button for articles tagged "10thamendment". A "statesrights" link is atop the forum page.

Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

I've stopped monitoring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Sovereign States
Firearms Freedom Act

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

[WKUHilltopper]

Yes! About time!! "It is the tradition that a Kentuckian never runs. He does not have to...he is not obligated to retreat, nor to consider whether he can safely retreat, but is entitled to stand his ground, and meet any (life-threatening) attack made upon him with a deadly weapon..." Kentucky Court of Appeals. Gibson v. Commonwealth, 34 SW 936 (Ky. 1931)

[skinkinthegrass]

A Kentucky Ping...folks!

yup!

[Gilbo_3]

now to see if the frankfort commies have the ba!!z to actually pass this ...

[Still Thinking]

In states around the country, there’s a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment.

Resist the Second Amemdment? Doesn't the feral government do enough of that already?

[hiredhand]

It's a good move...in the scope of what's good. But even if they pass legislation, somebody will have to deal with "in your face" by the FBI, and BATFE, just to name two. This somebody will either be those in the firearms business, or citizens. But this proposed legislation along with recent legislation in other states (such as TN) requires "trying" as with any attempted reclaimation of power. That's exactly what we're talking about here. We simply view it as a state moving to emphasize it's original claim over rights which it was afforded per provisions of the Constitution. But unfortunately, those in power at the federal level won't and don't view it that way, and they don't generally respect the passage of such legislation at the state level, except of course when it suits them.

This entire issue is unfortunate. It's been permitted to slide to the point where it looks more and more every day that the only plausible solution will be a breakdown by force followed by organized violence at some degree of intensity, initiated by one party (mentioned below) against the other. At this point, I wouldn't suggest that either party would initiate organized violence against the other first because it's plausible that either is equally able and willing. The advantages/disadvantages of either party doing so could be argued in ad-finitum, but the potential is real and present. In truth, legislation such as what we're discussing here historically brings a certain show of force from one party. So in effect it can be said with a certain degree of truth that organized violence has already been initiated, albeit not on the scale that it could be.

The commerce clause of the U.S. Constitution is plainly ABUSED by the federal authorities. But when two parties (one being a citizenry, and the other being its government) agree on a common framework such as the Constitution, and then agree that it will be the basis for all law and governance, and one of those parties no longer agrees to abide by the terms, the options are very limited as to the methods of recourse by the other party. We're at a phase in our history where people are deciding on such recourse. The timing for such an event is conspicuous to say the least since we're suffering through some of the worst Constitutional abuses over the past recent years that this nation has ever seen. I think we're likely to see a swing back to conservatism farther than we knew prior to the current depths we've sunk to in the past few years. Even the ignorant people who voted this terrible lot into power in D.C. are having doubts and for all their utopian ideals of a society, even they don't react well when it effects them PERSONALLY. Of course, we're also dealing with the destructive effects of a citizenry who don't READ the Constitution, and therefore don't understand it. Moreover this, they've come to the point of not knowing when leaders even attempt to seize power not permitted by the Constitution, thereby further empowering the very ones who should NOT be becoming more powerful. It's truly a perfect combination of stupid citizens and malicious leadership.

This swing I mentioned is going to be difficult and we're all hoping and praying that it can be done peacefully. But at the same time, there's rumor that there are a lot of arms stored right now, along with the associated coordination and preparation. I don't have specifics, nor am I associated with anybody who would. But because of my past (and recent for that matter) profession, I pick up on chatter that is highly indicative of this. Suffice to say that if I can deduce this, so can any number of our Alphabet Agencies. But indicators are that there are TOO many people to deal with and that to counter the problem as it's becoming would equate to sending our own armed forces to deal with it. I don't even want to digress into discussing that prospect! I've already written enough to prick the ears of every wanna-be militia member who reads this, and I don't generally hold them in high regards.

I'm not trying to be overly critical of what KY is suggesting. I'm just saying that we've all seen what happens when something such as the Second Amendment goes through the court system and is ruled on in D.C., as happened recently. The result ruled a correct translation of intent from the Constitution, but the result was completely inappropriate and essentially didn't acknowledge the specific intentions of the Second Amendment from our Bill of Rights. It had all the marks of telling that something was correct, but then acting in a manner that didn't show it. I'm just reminding everybody that to make a stand is GOOD. But somebody will probably get hurt in keeping it.

[Gilbo_3]

most excellent observations hh...

definately a LOT of pieces being positioned around the board lately, from all players for all intentions...

years of rather peaceful semi-stagnant lines are quickly being reformed into a new 'game'...one never knows exactly where all the other pieces are, which makes the possibility of impact much greater than it appears...

my .02 in a very bumbling statement... Blessings all...

[WKUHilltopper]

“But even if they pass legislation, somebody will have to deal with “in your face” by the FBI, and BATFE, just to name two.”

I’d just tell them they’re out of their jurisdiction and I’m calling the State Police to escort them out...

[hiredhand]

You stated the obvious. But you seem to think it will stop with your phone call to the State Police. What if your State AG doesn't quite agree and the State Police are therefore less than sympathetic? For the record, Constitutionally your State Police don't trump your Sheriff. He's the one to call. But then again, what if he doesn't agree? Or what if he and the State Police don't agree? I work closely with the law enforcement community in my state and I can assure that if they do anything, they'll keep a unified front... whether it suits you or not.

I'm merely pointing out the realities of force escalation. Everybody has a clear cut idea of how things are supposed to work. I'm merely pointing out that there's more to it than simply passing legislation at the state level. It must be tried, and tested. If they escalate force against you, the situation won't cease with a phone call.

Don't be offended with me. I've been on an HRT before and I guarantee that IF we had decided to come after you, the whole take down would have occurred in "about" 18 seconds. You're simply not prepared for "Kevlar Ninjas" with subguns, night vision goggles, flash-bangs, and tear gas. Plus, when these types get orders it's not as if they're going to give you any sort of warning. You'll never make it to a phone, and if you did it wouldn't matter. Your line will have been cut and cell phones jammed prior to the take down. All you'll know is that your house suddenly goes "dark" and then things get very noisy. They'll shoot your dogs too as a standard operating procedure. You can sue them afterwards if you want, but be aware that the success rate against these types by citizens isn't very good unfortunately. The only thing you're going to do when they show up to enforce what they believe is a violation of federal law is to come out being dragged...coughing with burning eyes, and flexi-cuffs around your wrists....probably only wearing your underwear because you were in bed at the time... unless of course you're very, very skilled and have half a dozen people nearby who are also skilled and you have all coordinated in preparation for such a thing together.

Oh, but that would comprise a militia would it not?! ...and what will those HRT types think of that?!

I'm really not writing these things to make you or anybody else mad, because it makes me mad just reading what I wrote. But everybody needs a healthy dose of reality when it comes to things such as application and escalation of force and the transfer of power from the Federal Gov't to the States. It simply doesn't happen peacefully.

If you logic was intact, we could call the State Police for every infringement on our Constitutionally afforded liberties. But as everybody who reads this will know, it simply doesn't work that way.

[WKUHilltopper]

“Don’t be offended with me.”

I’m not at all offended. Please don’t think that. I realize this is “easier said than done”. Life in this country right now is a real craps shoot.

You have valid points and attention to the realities.

Bottom line: I’d rather die standing up than die by a master’s whip.

[hiredhand]

Bottom line: I’d rather die standing up than die by a master’s whip.

I'm with you! Well said!

I really, really dislike writing things like my previous posting. It just brings me down. I'm glad you're not offended. THANKS!

[WKUHilltopper]

“I’m with you! Well said!

I really, really dislike writing things like my previous posting. It just brings me down. I’m glad you’re not offended. THANKS!”

No, it’s well thought out. Debated it with myself...if any “balloon” goes up, those who rise to the challenge will be hunted like dogs. You won’t be going home at 5PM to catch the game.

So be it.