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 its filed as House Bill 95 (HB95).
While the FFAs 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."
Jury nullification, heck! Why would a Sheriff even allow a trial in his county for something the legislature of his state has declared not to be a crime?
No matter. I think freedom loving states should ignore the courts and do their best to harrass Federal agents even if they do end up losing on appeal every time. The spectre of lengthy trials, personal bankruptcies and arrest records should make the BATmen think twice about oppressing the citizens of the free States. It is a statewide form of civil disobedience and should be used again and again and again to make life hell for the statist scum. I'd also like to see Congressmen who vote for tyranny run the risk of being prosecuted in the courts of the free States, never mind their Constutional immunity. They mean to terrorize us into submission and I'd like to see some all-out dirty fighting in return.
Actually, the proposed bill is a de facto explanation of the decided annulled laws,
The citizens are/were the jury and the representative is doing his job representing.
It could say, "We the People of Wyoming, having heard the evidence and with good conscience and reason, decided the Federal Laws concerning gun ownership and registration are unconstitutional and are therefore unenforceable and nullified by this court"
Exactly right.They haven’t stop because we have failed to let them know the consequences of not stopping.
“Unfortunately it is settled law that Federal laws prevail when there is conflict. “
That’s what the British said in 1775. How many divisions does king obuma have to place on the battlefield? Let’s see:
1) The fat welfare mommas battalion.
2) The bed-wetting college kids brigade
3) The 50 IQ ghetto rappers expeditionary force who can’t hold a glock straight
Sounds invulnerable and then some.
BTW when is OB’s new domestic army taking shape?
Bammy'll just root around in his stash and issue them these:
Montana is already on the books with this. The Montana Shooting Sports Association’s Gary Marbut got a Bill through the legislature during the last session.
Test cases will follow. The feds have finally pushed the people too far. We owe that Muslim Marxist in the White House a dept of gratitude.
No, Montana and Tennessee, the two states that have passed Firearms Freedom Acts, have no provision for protecting the citizens who rely on the law nor for punishment of feds who ignore it. The New Hampshire law currently in process does, however.
The Raich case, which our drug warriors cheered, nullified that argument in the eyes of fedgov. Justice Thomas is the only remaining SC justice who dissented:
Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anythingand the Federal Government is no longer one of limited and enumerated powers.
Justice Thomas, dissenting in Raich
"in the eyes of the fedgov" being the operative phrase.
she does seem to that house of cards trick a lot.
Maybe she should start every pronouncement with “Stop me if you’ve heard this one, but.....” LOL
...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
Justice Scalia, concurring in Raich
I think you’re right, which is why states would be suckers to set the bar there.
Just curious: are there any native Wyoming arms and/or ammo manufacturing companies? How would they keep separate their interstate business from their intrastate business, to avoid the Feds coming down on them? Other than a boutique, one-off gunsmith, I doubt WY sales alone could support an arms manufacturer.
Or, is this all just a set up for a commerce clause test case? Love to see it work out, but I can see about a million ways to have it overturned by the USSC, starting with the Feds claiming the raw matl., such as the steel, was interstate trade and ending with arresting someone for taking one of their WY guns across a state line. The commerce clause is WAY overly broadly interpreted.
“BTW when is OBs new domestic army taking shape?”
Been watching that since King obuma assumed the throne. Last winter, king obuma called out his “army” to go door-to-door and demand that citizens pledge fealty to his agenda.
Nobody showed up.
Guess fat welfare momma, bed-wetting college kid and ghetto glock rapper were busy playing hop-scotch or something...
Geez...LOL!!!
Not a good moment for Antonin.
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