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."
I know and agree with you but during the Civil Rights era of the 60’s the commerce clause was stretched to cover absolutely everything. They will simply say the raw materials etc. came from interstate commerce, or maybe that the guns may eventually be sold interstate.
That is why I said I agree with the laws but those who have the power have made the law what they want it to be.
Best of luck Jeff. Keep you in our prayers.
Wouldn’t the Fedguv’s reaction to this be simply to have Congress to pass a law nullifying such provisions for punishment of Federal actors by states? (If that does not get frustrated by filibuster.) That would be more likely to get the Supremes’ nod than it would be likely to force the Supremes to revisit the extent of the commerce clause.
Where's the conflict? Commerce clause doesn't obtain, the commerce is all intrastate.
Waco I, required the cooperation of State Law enforcement and the State National guard. You not looking at that happing when the State is nullying the Federal act.
Most likely the Federal agents will just avoid operating in the state to avoid a confrontation which would be politically ugly for a man being accused of trying to be a dictator, and overstepping his authority on to the rights of the people.
In short the only thing the Feds can do about it is invade the State, with military forces, and that wont go over too well, particularity if a lot of States are doing the same thing.
So its very unlikely the feds will do much of anything, like in California they will probably just back off. Which is actually the best and most ideal thing to do, seeing as its not exactly lawlessness given its the State reclamation its legal authority as a state.
There is really no benefit to a confrontation for the Feds, all they can do is show their tyrannical(unconstitutional) hand.
The State of Wyoming will point to the United States Constitution which is very clear on the matter, people will read it and say by god their right. The Feds have absolutely no authority in this area. They don’t have a 15th and 15th amendment to point to in this case as they did in the 1960’s desegregation cases.
So this is legally pretty straightforward, even thou so called “lawyers” and judges who have aided and abed-ed the perversion of our constitution over the years into something that is all but the inverse of its original literal and demonstrated meaning.
Here the State is saying we don’t care about your nonsense, you are not the judge of your own authority, we are, and theses are OUR Rights your screwing with here! Theses things are important to us, stop screwing around with em!
Moot, unless the Supremes can be persuaded to favorably entertain the commerce clause dispute. (I’m not trolling here. This is something I’d like to see happen. But I don’t give three cheers to idiots jousting at windmills.)
I agree. Kinda pointless without defending the citizens that rely on the law with the might of the state. "Yeah, the feds are overstepping the Constitution, so we're declaring their laws null and void. But...if you rely on this, they can still arrest, prosecute, and imprison you, and we're OK with that."
Or unless the states refuse to accept the judgment of a branch of the federal government in a matter in which the federal government is one of the litigants. Maybe a tribunal of state judges from other states might have adequate credibility.
No doubt the locals have in mind confronting BATF agents and so forth. Instead they're actually up against window clerks and postmasters.
So, go to it guys try mailing bullets to your next door neighbors ~ USPS will simply cut off all service throughout the state for any and all purposes. The federal reserve clearing house banks will quit processing your checks (which are "letter mail" and are handled outside the mails under an exception written into law).
I think it's better to take over Congress, remove the usurpur, imprison his cronies and enablers, then UNWRITE all the unconstitutional federal laws.
Far less disruptive Fur Shur.
ROFLMAO! I leaned back and must have laughed at that for a full minute.
Very cool.
Matter of opinion whether the point is moot and whether only idiots tilt at windmills.
Signed,
Sancho Panza
Well, since Obama doesn't believe in military force, that might not be a bad idea. OTOH, he probably believes in it just fine against white Christians who believe the Constitution and dare defy him.
One of my great aunts was walking me through Great Grandpa's orchard one day ~ I must have been about 5 at the time ~ and she said "See those little piles of rocks? They say there's a dead slave catcher buried there" and I looked out over the Orchard with a whole new understanding because it was FILLED with little piles of rocks.
The gentleman they sent to jail had owned that orchard!
Now that's the way you deal with an unjust law.
I sure hope you can.
Doesn’t Wyoming refuse to share Data with the IRS? Also the desired weapon will be made there. I don’t understand the marketing. How many Gun Makers there?
barbra ann
Unless the states decide that the decision is invalid because SCOTUS is a branch of the feral government and is not an impartial arbiter when finding for the feds over a state.
Bad attitude. It was decided wrong by people without the authority to so decide. That's only the "way it is" till someone decides that's the way it ISN'T.
FYI...we need to get our state legislatures in all of our states to follow these leads.
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If Wyoming passes this, I will personally deliver a finished copy of the bill to my State Representative and State Senator in South Carolina, and ask them to introduce legislation here in our State!
I'm lovin' this!
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