Wyoming considering 2nd amendment nullification law - Jail Time for Federal Agents who violate

NAtional Expositor - 10th Amendement Center ^ | February 16, 2010 | Jeff Head

[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."

[Ken H]

I'm all for Wyoming here and I hope they go ahead with this. It forces fedgov into the position of having to carry out an unpopular action, or back down in humiliation. They've mostly backed away from CA's medical mj program, so there is precedent.

[rcrngroup]

Unfortunately it is settled law that Federal laws prevail when there is conflict. I don’t agree with that idea and think it goes against the Constitution but unfortunately that is the way it is.

Than I think that individual states need to declare that portion of Federal law to be null & void. There is nothing that makes Federal laws superior or filled with ultimate superior wisdom. History is filled with examples of laws that resulted in murder, rape & genocide of its' own people. As in Hitler's Germany when they passed laws that ordered Jewish businesses & people to sew the Star of David on their clothing & to identify their businesses as Jewish owned businesses. In our country, our USSC upheld the arrest & conviction of Dred Scott. So there is nothing inherently wise or superior in a Fed court ruling. In fact I wish the state would then tell the Fed judge ruling in this case to go STFU-- and dare the Fed to something about it.

[Alamo-Girl]

Thanks for the ping!

[sergeantdave]

“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).”

Of course the federal government will do that, but we have appropriate responses:

1) Deny all USPS employees and their families food, water, power and gas.

2) Withold all federal receipts.

3) Mint doubloons.

And as long as we’re engaging in comicbook fantasies, Wyoming can blow up Yellowstone and get the caldron spewing to dump 10 feet of ash on Washington DC.

[ForGod'sSake]

FYI Jeff: This is the most frequently referenced case when what would normally be a no-brainer identifying INTRA-state activities: Wickard v. Filburn

Apparently after a good deal of choking, kneading and stretching of the commerce clause, and some threats from FDR, the SCOTUS basically decided that a farmer growing wheat that would NEVER leave the farm and intended solely for his family's consumption, was covered by the commerce clause.

[cva66snipe]

It warms a persons heart to see states finally saying no to federal abuses of powers especially on gun laws. Glad to see you posting :>}

[B-Cause]

God bless you Jeff.

---

The LORD is my shepherd; I shall not want.
HE maketh me to lie down in green pastures:
HE leadeth me beside the still waters.
HE restoreth my soul: HE leadeth me in the paths of righteousness for HIS name's sake.
Yea, though I walk through the valley of the shadow of death, I will fear no evil: for THOU art with me;
THY rod and THY staff they comfort me.
THOU preparest a table before me in the presence of mine enemies:
THOU anointest my head with oil; my cup runneth over.
Surely goodness and mercy shall follow me all the days of my life: and I will dwell in the house of the LORD forever.

In Jesus name, Amen.

[B-Cause]

God bless you Jeff.

---

The LORD is my shepherd; I shall not want.
HE maketh me to lie down in green pastures:
HE leadeth me beside the still waters.
HE restoreth my soul: HE leadeth me in the paths of righteousness for HIS name's sake.
Yea, though I walk through the valley of the shadow of death, I will fear no evil: for THOU art with me;
THY rod and THY staff they comfort me.
THOU preparest a table before me in the presence of mine enemies:
THOU anointest my head with oil; my cup runneth over.
Surely goodness and mercy shall follow me all the days of my life: and I will dwell in the house of the LORD forever.

In Jesus name, Amen.

[TLI]

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).

USPS? Why? Just call Lone Start Overnight and … oh, right, you are not in Texas.

Too bad. They pick-up and you pay them with an encrypted info email, they post a routing number which clears via a computer program much too expensive to alter to look for a single user because the “Post Office” got mad about something.

Texas, eh?

[Still Thinking]

So there is nothing inherently wise or superior in a Fed court ruling. In fact I wish the state would then tell the Fed judge ruling in this case to go STFU-- and dare the Fed to something about it.

Plus, if SCOTUS rules for a state and against the feds, well and good, but if they rule for the feds and against the state, they're ruling in favor or themselves, essentially. I can't believe the states don't hold such rulings to be invalid.

[goat granny]

The commerce clause controls what goes on between states, ie; tariff or taxes to travel through or sell within...The state is stateing the commerce clause does not apply, because firearms and muntions are produced within the state and not cross states...the owners are within the state and the commerce clause has no bite.

[Tymesup]

“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 doesn’t make sense here. If the intrastate activity doesn’t affect interstate commerce, then why should Congress regulate it?

And I guess this is one of those penumbra thingies. “[The Congress shall have power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes”. This does not say Congress shall have power to regulate other things.

[Gilbo_3]

I'd also like to see Congressmen who vote for tyranny run the risk of being prosecuted in the courts of the free States

now that would put a new and fun twist on the future campaign stops and endorsing photo ops of said commies...

[TigersEye]

Good steps in the right direction.

[DoughtyOne]

LOL, it sure would.

[tcrlaf]

“In re Neagle” doesn’t really apply...

Protection of a Federal Official, and a federal official being prosecuted for violating state laws are two very different things, especially when regarding a clear and present danger to the Federal Official in the Federal Officer’s charge.

[votemout]

something for ACORN to do in the states in which they are not under investigation

[Monorprise]

We have never been able to “take over” congress and get rid of the usurpers never in our long history have they seriously given up power. While i agree that is the easiest rout were it even possible.

The Usurpers even if they take on the republican name will not back down, we have been here before.

Now maybe they will cut off the federal Tenticals of control, i say that be a good thing, as far as the Federal reserve is concerned their services are not required, nor are they legitimate. But thats an entirety different argument.

if you want to go into USPS domain your going to have to ignore the extraordinary cost of that wasteful government enterprise and how easily it can be replaced with private alternatives. We will uses Fedex.

Either way we cant let theses usurpers blackmail us into compliance with their endless power-grabs. If we do that we are no better then the people who tolerate dictators.

A simple reading of the 2nd amendment should make it rather clear that congress has absolutely NO authority to make ANY law period respecting our rights to bear arms.
No exceptions! No interstate commerces, no taxes, no nothing! The 2nd amendment overrules those powers if they ever existed in the first place.

The very idea that any court could usurp state authority in ANY respect in the domain of guns is MADNESS! It is clearly and unambiguously and effort by the federal employees in black-robes to overthrow our constitution on the behalf of their employers.

No my friend we cant back down here!

Liberty or Death!

[muawiyah]

Hmm, if taken to an extreme the trial will be held in Washington DC before the Supreme Court itself.

They can do that you know.

[muawiyah]

You sure missed out on my reference to my ancestor's trial ~ HE WAS THE SHERIFF!

The theory of nullification and interposition never really got off the ground before the Civil War, and afterward it was IGNORED by everyone.

Now if the people of Wyoming want to resurrect it, they can go somewhere else and just give the rest of us back our property ~ Wyoming was erected out of federally owned land ~ lot of it still is federally owned, and several state universities own chunks of it larger than their own states.

Frankly, you people try leaving the Union may might well be allowed to do that. Give Alberta a call eh!