3 State Houses vote to Nullify Federal Gun “Laws”
Alaska House Passes 2nd Amendment Preservation Act, 31-5
Today, February 25th, Alaska’s Second Amendment Preservation Act, HB69, has passed the State House and will now move on to the Senate for concurrence.
On the 20th of February, HB69 was read during the House Judicial Committee meeting where it was then scheduled for a hearing that was held today. During that hearing meeting, the bill was read for a second reading where the committee unanimously consented to the bills adoption. It was then considered by the full house. The vote was 31-5.
HB69 states, in part: “A personal firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured commercially or privately in this state and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.” [emphasis added]
The bill continues, “The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in this state or made in this state from those materials. Firearm accessories that are imported into this state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in this state.”
Will Montana Nullify Federal Gun Laws?
As sheriffs around the country get more and more media attention for making statements that they will not comply with or enforce federal gun control schemes, the Montana State house – and a number of others – is taking things a step further.
House Bill 302 was introduced last month by State Representative Krayton Kerns. If passed, it would be another line of defense for the right to keep and bear arms in the State of Montana. Instead of Montana residents having to rely on the goodness, courage, and constitutional understanding of their own local Sheriff – HB302 would make it state law that no state agent, agency or peace officer working in the state of Montana would be allowed to enforce such violations of the 2nd Amendment.
The bill states, in part:
A peace officer, state employee, or employee of any political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on semiautomatic weapons or large magazines and is also prohibited from participating in any federal enforcement action implementing a federal ban on semiautomatic weapons or large magazines.
In Wyoming, recently, the state house passed a similar law prohibiting such federal bans. That bill also included criminal charges for federal agents who attempt to enforce the ban. Both bills play a big part in nullifying unconstitutional federal acts regarding the right to keep and bear arms.
Will Kentucky Nullify New Federal Gun Restrictions?
The Kentucky state Senate on Monday overwhelmingly passed a nullification bill (SB129) that would prohibit Kentucky from enforcing new federal gun control laws if they’re enacted.
What opponents are missing, however, is the fact that the federal government itself acknowledges that it has NO constitutional authority to force a state to enforce its laws. It often resorts to funding “bribes” to encourage compliance, but it cannot force it. This was upheld by the supreme court multiple times – most notably in the 1997 Printz case and in last Summer’s Obamacare ruling.
The is ZERO serious discussion that the federal government can require the state of Kentucky – or any other state – to enforce its laws.
Sen. Jared Carpenter, a Berea Republican, sponsored the bill. He said the Supremacy Clause applies only if Congress is acting in pursuit of its constitutionally authorized powers, which he said wouldn’t apply to stricter gun measures.
“If I thought the bill would be symbolic, I would’ve written a resolution,” Carpenter told the Associated Press. “I thought it needed more than that.”
The one-page bill deems unenforceable federal bans on gun ownership and registration. It specifically mentions semiautomatic firearms and their magazines.
The bill applies to federal laws as well as federal rules, regulations and orders.
Track all nullification legislation here:
- Will Kentucky Nullify New Federal Gun Restrictions? (tenthamendmentcenter.com)
- Will Montana Nullify Federal Gun Laws? (tenthamendmentcenter.com)
- Two Bills Would Nullify Federal Gun Laws and Regulations in Idaho (tenthamendmentcenter.com)
- Wyoming lawmakers propose bill to nullify new federal gun laws (godgutsandoldglory.wordpress.com)
- All Federal Gun Laws Are Unconstitutional (realnewsworldwide.com)
- 3 More States Propose Bills to Resist Federal Gun Control (secretsofthefed.com)
- 3 More States Propose Bills to Resist Federal Gun Control (activistpost.com)
Posted on March 5, 2013, in 10th Amendment, 2nd Amendment, Big Brother, Government Thuggery, Law Enforcement, Nullify, States Rights, Tyranny, U.S. Constitution and tagged Alaska, Kentucky, Montana, Second Amendment to the United States Constitution, Supremacy Clause, tenth amendment center, Tenth Amendment Center blog, United States Congress, United States Constitution. Bookmark the permalink. 1 Comment.