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Wyoming considering 2nd amendment nullification law - Jail Time for Federal Agents who violate
NAtional Expositor - 10th Amendement Center ^ | February 16, 2010 | Jeff Head

Posted on 02/16/2010 6:42:04 PM PST by Jeff Head

In 2009 Montana and Tennessee passed state laws for the 2nd amendment nullifying Federal efforts.

Now, Wyoming is on the verge of passing one with some teeth, and 21 other states are considering it.

Come on Idaho and Texas and all you others. Time to step up to the plate and restore the Constitution!

http://www.nationalexpositor.com/News/2215.html

Wyoming State Representative Allen Jaggi has introduced a “Firearms Freedom Act” (FFA) for the state – it’s filed as House Bill 95 (HB95).

While the FFA’s title focuses on gun regulations, it has far more to do with the federal violations of the commerce clause.

If passed, the bill would provide “that specified firearms that are manufactured, sold, purchased, possessed and used exclusively within Wyoming shall be exempt from federal regulation, including registration requirements”

HB95 includes wording, that if passed, would impose penalties for violations of the law:

"Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not more than two (2) years, a fine of not more than ten thousand dollars ($10,000.00), or both."


TOPICS: Announcements; Constitution/Conservatism; Culture/Society; Front Page News
KEYWORDS: 10thamendment; 2ndamendment; banglist; commerceclause; donttreadonme; keepandbeararms; rkba; shallnotbeinfringed; statenullfication; statesrights; teaparty; wickard
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To: ForGod'sSake

>Wickard v. Filburn

A truly evil decision/ruling.


121 posted on 02/17/2010 12:08:32 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
A truly evil decision/ruling.

Verily. In the context of the times, FDR was raising unconstitutional holy hell with the SCOTUS. To their eternal shame, the SCOTUS folded like a cheap card table.

122 posted on 02/17/2010 12:24:49 PM PST by ForGod'sSake (You have two choices and two choices only: SUBMIT or RESIST with everything you've got!)
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To: yarddog
Unfortunately it is settled law that Federal laws prevail when there is conflict.

With exceptions for euthanasia and illegal pot.

123 posted on 02/17/2010 1:28:44 PM PST by itsahoot (Each generation takes to excess, what the previous generation accepted in moderation.)
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To: Tymesup
If the intrastate activity doesn’t affect interstate commerce, then why should Congress regulate it?

Notice the word "substantial". It's because they're out to stop activity X, regardless of jurisdiction.

Raich ruled that ANY activity REDUCING demand in ILLEGAL interstate commerce could be regulated (and that justified a "dynamic raid" on a terminally ill elderly lady growing 6 pot plants under her doctor's care in accordance with CA state law).

124 posted on 02/17/2010 1:43:04 PM PST by ctdonath2 (Pelosi is practically President; the Obama is just her talk show host.)
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To: goat granny

See post 85 in this thread, everything imanates from that decision.


125 posted on 02/17/2010 2:25:16 PM PST by itsahoot (Each generation takes to excess, what the previous generation accepted in moderation.)
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To: Jeff Head

wow!!!!! Love it!!!!!


126 posted on 02/17/2010 2:43:18 PM PST by my small voice (A biased media and an uneducated public is the biggest threat to our democracy)
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To: Jeff Head
Hate to say this guys, but we can't have it both ways. Wyoming can't opt out of the federal regulations it doesn't while saying that Illinois has to follow the regulations it doesn't like (in regards to the Garfield gun rights case).

That and if a state cop arrested an ATF officer, he (the state cop) will do serious time in prison.

It has been settled law since the 1930’s that the Interstate Commerce clause applies to everything grown, made, or transferred. If it applies to wheat grown on a farm to be used only on that farm, it applies to firearms.

While I love the idea, this isn't the way to go. It will only land someone (and maybe some state officials) in federal jail, and the Supreme Court will side with the Fedgov. Guaranteed.

127 posted on 02/17/2010 3:11:46 PM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: itsahoot

I remember reading about the farmer and his wheat...seems we have had dictators for decades....althought they have many heads, senate, House Of rep, president and the courts.
Sometimes the good guys win....I remember Kennedy at a press conference being asked a question about the commerce clause and he laughed at it....If wanted, anything now a days can fit under that restriction in the consitution..


128 posted on 02/17/2010 3:32:30 PM PST by goat granny
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To: Carbon Helix
This passed through committee basically intact. The biggest change is that it is now a misdemeaner instead of a felony for a federal official to attempt to enforce laws contrary to this,...

5 HB0095 2010 STATE OF WYOMING 10LSO-0274 1 (a) Any public servant of the state of Wyoming, as 2 defined in W.S. 6-5-101, who enforces or attempts to 3 enforce any act, order, law, statute, rule or regulation of 4 the United States government relating to a personal 5 firearm, firearm accessory or ammunition that is 6 manufactured commercially or privately in Wyoming and that 7 remains exclusively within the borders of Wyoming shall be 8 guilty of a misdemeanor and, upon conviction, shall be 9 subject to imprisonment for not more than one (1) year, a 10 fine of not more than two thousand dollars ($2,000.00), or 11 both. 12 13 (b) Any official, agent or employee of the United 14 States government who enforces or attempts to enforce any 15 act, order, law, statute, rule or regulation of the United 16 States government upon a personal firearm, a firearm 17 accessory or ammunition that is manufactured commercially 18 or privately in Wyoming and that remains exclusively within 19 the borders of Wyoming shall be guilty of a felony and, 20 upon conviction, shall be subject to imprisonment for not 21 more than two (2) years, a fine of not more than ten 22 thousand dollars ($10,000.00), or both.

129 posted on 02/17/2010 3:48:14 PM PST by loboinok (Gun control is hitting what you aim at!)
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To: sergeantdave

“The 50 IQ ghetto rappers expeditionary force who can’t hold a glock straight”

That wasist!

And, Birdman Weapon Systems won’t appreciate a negative comment on their fine HoMeBoy NyTe Sights.


130 posted on 02/17/2010 5:26:47 PM PST by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: loboinok

You were correct, that was the original bill. However, before it was passed out of committee it was amended. (link here: http://legisweb.state.wy.us/2010/amends/HB0095HS001.htm)

I guess some in the committee got cold feet about charging feds with a felony for abridging our rights.


131 posted on 02/17/2010 5:35:53 PM PST by Carbon Helix ( Even with loose chains, it's still slavery.)
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To: Jeff Head
This, boys and girls, is what is called "A Huge Pair".


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

132 posted on 02/17/2010 5:49:51 PM PST by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
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To: Still Thinking

OK! That is the reason I mentioned the test cases. Gary has made it clear that he doesn’t want anyone to jump the gun and wind up being prosecuted by the feds.

I missed the part about the protection of citizens in New Hampshire. I stand corrected. Thanks


133 posted on 02/17/2010 7:10:52 PM PST by SkipW
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To: Carbon Helix

That’s just too bad. Hopefully, they will pass it and grow a pair later.

Thanks for the update, C.H.


134 posted on 02/17/2010 11:46:28 PM PST by loboinok (Gun control is hitting what you aim at!)
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To: Joe 6-pack

LOL


135 posted on 02/18/2010 3:11:59 AM PST by Freedom'sWorthIt (Ronald Reagan: If American ever ceases to be a nation under God, she will be a nation gone under.")
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To: Jeff Head

Wow Jeff!

Saw this while work lurking yesterday- thanks for the ping - and now reading it. Mindblowing - in a very good way!!!

So very nice to see you posting and to see this miraculous effort underway!

God is so good!


136 posted on 02/18/2010 3:13:13 AM PST by Freedom'sWorthIt (Ronald Reagan: If American ever ceases to be a nation under God, she will be a nation gone under.")
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To: Jeff Head

Good to see you posting.


137 posted on 02/18/2010 3:22:48 AM PST by Vigilantcitizen
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To: Carbon Helix

I’m not sure why they need to charge a Federal agent with a felony, any simple yet significant crime should be enough deterrence. Its not Like the Federal government is willing to have half their agents in jail, just so that some of them can illegally break the law.

The point is to create a confrontational with the Federal government and if necessarily make it not worth their effort to enforce that unconstitutional and unpopular law in our State.

Basically 2 things could happen here:
1: the Feds could just back off and not push their luck.

2: they coudl push their luck and one or more of their agents coudl get arested by the state. if that happens the agent will attempt to have the case bumped up to Federal cort where the other federal employees in black robes will try to give their co-workers “Solvergin immunity” to the state law, claming that any of their actions being athorized by federal law gives them imunity to any State law regardless of the Constitutionality of that Federal law.

Which they will insist is constitutional unquestioningly. In effect they will declare themselves above the law by virtue of being the excursive definer of their own law.

We have seen this before in the Ruby Ridge case, where the State of Idaho attempt to put the federal sniper on trial for the murder of a unarmed woman and her baby.

The State Must resist allowing the Federal Agents to be tried in the Federal court for several reasons:

1: The Obvious conflict of intrest for the federal goverment.

2: The the lack of Federal Constituionality of the agents actions, puts them beyond federal jerristiction. (the State can not legally recognize them as a legitimate federal agent for that matter)

3: The Constitutional requirmenet of the 6th ammedment:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

To for the state to allow the federal agent to be bumped up to the Federal court in a case in which the State has already determined that their action are beyond the scope of the Power granted to the Federal Government, would be UNCONSTITUTIONAL!

This is critical! They should stand trial in a State not Federal court, for breaking State not Federal law, and the trial must be by Jury. Preferably public, so that the Constitution and other relevant documents may be read to prove that this man is Not acting in accordance with legitimate federal powers.

In all Likelihood the Feds will seek to avoid this public “trial” and fate, as they do in fact have a lot to answer for. They must not be allowed to skirt the law. They must be reminded that they are not above the law and that we will no longer allow them to act as such.


138 posted on 02/18/2010 1:07:26 PM PST by Monorprise
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To: HiTech RedNeck

>>Obama’s Lincoln?

Lincoln had an army that was loyal to him. I’m not so sure the same can be said for Comrade Chairman Obamski.


139 posted on 02/18/2010 8:26:31 PM PST by LomanBill (Animals! The DemocRats blew up the windmill with an Acorn!)
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To: HiTech RedNeck
I don’t want to rain on anybody’s parade. Just curious though, has anything similar to this ever gone down in American history without the USSC presuming to nullify IT in turn? Does Wyoming want to play General Lee to Obama’s Lincoln?

The difference is that Wyoming's statehood was achieved by the promise that the US Constitution would mean just what it says: that if the promise made with the then-existing X Amendment is no longer valid, [The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people] than neither is the claim in the XVII that This Constitution, and the laws of the United States which shall be made in pursuance thereof...shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Constitutional guarantee of Section 4 that "The United States shall guarantee to every state in this union a republican form of government..." would also be suspect.

Thereby, if the contractural agreement was thereby secured by a fraudulent promise, then the contract is no longer in force, and is moot, invalid and defunct. That's basic constitutional and contractural law.

But don't take my word for it. See what the Montana Secretary of State had to say on the matter back when the decision of the U.S. Supreme Court in the Heller decision had yet to be reached.

140 posted on 02/19/2010 12:36:26 PM PST by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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