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3 State Houses vote to Nullify Federal Gun “Laws”

Alaska House Passes 2nd Amendment Preservation Act, 31-5

by via Tenth Amendment Center Blog

guns obama_300pxToday, 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.”

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Will Montana Nullify Federal Gun Laws?

by
via Tenth Amendment Center Blog

GunConstituionAs 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.

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Will Kentucky Nullify New Federal Gun Restrictions?

by via Tenth Amendment Center Blog

gun-constitution-2The 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.

The vote was 34-3. Three of the Senate’s 14 Democrats voted no, stating that the measure would be trumped by the U.S. Constitution’s Supremacy Clause.

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.

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Track all nullification legislation here:

http://tracking.tenthamendmentcenter.com

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Gun Companies Boycotting Law Enforcement In Anti-Gun States Grow Larger..

Gun Companies Boycotting Law Enforcement In Anti-Gun States Grow By More Than 700% In 1 Week….

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The list of companies that have decided to stop selling firearms and ammunition to law enforcement agencies, in states that are hostile to the Second Amendment and putting forth gun control legislation, is growing and has grown more than seven times the number that I informed you about one week ago today.

Previously I listed the following companies:

Now the list has expanded to include:

 

 

MSNBC pummeled for Sandy Hook video editing controversy

MSNBC Caugh Editing Video Out Of Context (again!)

via Doubtful News

Even though this was cleared up, the damage was done.

MSNBC Airs Sandy Hook Father’s Unedited Testimony After Critics Complain (Video) – The Hollywood Reporter.

After finding itself embroiled in another controversy about edited video, NBC News has re-aired a clip its critics say was selectively edited.

On Monday, MSNBC’s Martin Bashir aired a video that seemed to show grief-stricken Neil Heslin being heckled by pro-gun lobbyists as he talked about his 6-year-old son, who was killed in Sandy Hook Elementary School shooting. While making a plea for gun control at a legislative hearing, Heslin at one point he turned to the audience and said: “I ask if there’s anybody in this room that can give me one reason or challenge this question: why anybody in this room needs to have one of these assault-style weapons or military weapons or high-capacity clips.”

When the audience remains silent, Heslin adds, “Not one person can answer that question.” And that’s when a few people recited the Second Amendment in response.

The video that host Martin Bashir aired, though, clipped out Heslin’s question and pause in the audience’s direction. The resulting edit made it look like boisterous audience members interrupted Heslin’s testimony.

Here is the video:

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Texas, Missouri Join Other States Looking To Block Gun Bans

by via Texas, Missouri Join Other States Looking To Block Gun Bans – Tenth Amendment Center

gun_grabStates have opportunity to say ‘No!’ to gun grabs

On the same day President Obama called for a ban on assault weapons and high capacity magazines, a Texas legislator filed a bill asserting, “Not in my state!”

On Wednesday, the Lone Star State joined five other states already considering legislation that would block enforcement federal firearms acts in violation of the Second Amendment.

Texas Rep. John Otto (R-Dayton) announced the filing of HB553 on Wednesday morning. The bill would make it a misdemeanor for any state or federal official to “enforce or attempt to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore.”

“The Second Amendment won’t enforce itself,” Tenth Amendment Center communications director Mike Maharrey said. “The Bill of Rights is nothing but a piece of parchment without some power behind it stepping in and holding the federal government in check. James Madison said when the feds pass an unwarrantable measure, the means of opposition to it are powerful and at hand. He was referring to the state governments. Texas has the opportunity to do just what the founders intended, interpose and resist an out of control federal government and protect the most basic rights of its citizens.”

Texas doesn’t stand alone in the fight.

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Congressman Rangel Slams South Over Guns but Doesn’t Mention Chicago or Detroit

Congressman Rangel Slams South Over Guns but Doesn’t Mention Chicago or Detroit

Charles Rangel is a Democrat Congressman from New York. He is not a big believer in the Second Amendment. He’s also prejudice against the South. Speaking on MSNBC Live on January 16, 2013 Rangel said that “‘some of the southern areas have cultures that we have to overcome’ when it comes to gun control.” He went on to say:

“New York is a little different and more progressive in a lot of areas than some other states and some of the southern areas have cultures that we have to overcome.”

What he means by “more progressive” is more liberal. New York is pro-abortion, pro-homosexual, pro-high taxes, pro-government regulations, pro-union,  and pro-being-a-busybody telling people what they can eat and drink.

I find it interesting that the violent crime rate in New York is higher than in Georgia: 3.98 per 1000 in New York and 3.73 per thousand in Georgia.

Maybe Rangel was talking about south Chicago:

Homicides in Chicago spiked by 60 percent during the first three months of the year despite an increase in police resources in some of the city’s most dangerous neighborhoods, according to new police crime statistics. . . .

Presidential Gun Ban: Executive Power or Unconstitutional Power Grab?

via breitbart

GunConstituionOver the last few years there has been a growing concern about the President’s questionable expansion of executive powers. As a nation of laws, public officials are sworn to uphold the law . . . even laws you may not like. The way to deal with laws you do not like is to get Congress or whatever body passed it to change it. Real simple.

President Obama has, by executive order, circumvented national immigration law by ordering a halt to deportations of certain unlawful aliens, without getting the law changed. In July of 2012, President Obama changed long standing welfare policy to allow states to change mandated work requirements. Earlier he ordered the DOJ not to enforce the Defense of Marriage Act. None of these orders were submitted to Congress for review, which the Government Accountability Office concluded he should have done in part. I have co-sponsored bills to reverse these unconstitutional power grabs and will continue to fight them.

The President, touted by some as knowledgeable about our Constitution, acts as if he never heard of it sometimes. Now, the President and Vice-President are talking about enacting gun bans by executive order.

“The president is going go act,” Biden is quoted as saying. “There are executive orders, executive action that can be taken. We haven’t decided what that is yet, but we’re compiling it all.”

For the moment put aside the fact that the Second Amendment protects the right of each person to own and posses firearms and the ammunition that goes with it. Our Supreme Court resolved that issue in Heller. Obviously neither the President nor Congress can enact laws that violate the Second Amendment, anymore than they can enact laws that violate the First Amendment or the Fifth Amendment.

Let’s focus on the supposed authority of the President to simply enact laws by the stroke of his pen. Article I Section I of the Constitution vests all legislative powers in Congress. All. None are given to the President or the Courts. All government acts need to be evaluated on whether they are consistent with our Constitution.

The executive branch has the Constitutional responsibility to execute the laws passed by Congress. It is well accepted that an executive order is not legislation nor can it be. An executive order is a directive that implements laws passed by Congress. The Constitution provides that the president “take care that the laws be faithfully executed.” Article II, Section 3, Clause 5. Thus, executive orders can only be used to carry out the will of Congress. If we in Congress have not established the policy or authorization by law, the President can’t do it unilaterally.

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Top 10 myths about mass shootings

by James Alan Fox via Boston.com

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Even before the death toll in last Friday’s school massacre in Newtown, Conn., was determined, politicians, pundits, and professors of varied disciplines were all over the news, pushing their proposals for change. Some talked about the role of guns, others about mental-health services, and still more about the need for better security in schools and other public places. Whatever their agenda and the passion behind it, those advocates made certain explicit or implied assumptions about patterns in mass murder and the profile of the assailants. Unfortunately, those assumptions do not always align with the facts.

Myth: Mass shootings are on the rise.
Reality: Over the past three decades, there has been an average of 20 mass shootings a year in the United States, each with at least four victims killed by gunfire. Occasionally, and mostly by sheer coincidence, several episodes have been clustered closely in time. Over all, however, there has not been an upward trajectory. To the contrary, the real growth has been in the style and pervasiveness of news-media coverage, thanks in large part to technological advances in reporting.

Myth: Mass murderers snap and kill indiscriminately.
Reality: Mass murderers typically plan their assaults for days, weeks, or months. They are deliberate in preparing their missions and determined to follow through, no matter what impediments are placed in their path.

Myth: Enhanced background checks will keep dangerous weapons out of the hands of these madmen.
Reality: Most mass murderers do not have criminal records or a history of psychiatric hospitalization. They would not be disqualified from purchasing their weapons legally. Certainly, people cannot be denied their Second Amendment rights just because they look strange or act in an odd manner. Besides, mass killers could always find an alternative way of securing the needed weaponry, even if they had to steal from family members or friends.

Myth: Restoring the federal ban on assault weapons will prevent these horrible crimes.
Reality: The overwhelming majority of mass murderers use firearms that would not be restricted by an assault-weapons ban. In fact, semiautomatic handguns are far more prevalent in mass shootings. Of course, limiting the size of ammunition clips would at least force a gunman to pause to reload or switch weapons.

Myth: Greater attention and response to the telltale warning signs will allow us to identify would-be mass killers before they act.
Reality: While there are some common features in the profile of a mass murderer (depression, resentment, social isolation, tendency to blame others for their misfortunes, fascination with violence, and interest in weaponry), those characteristics are all fairly prevalent in the general population. Any attempt to predict would produce many false positives. Actually, the telltale warning signs come into clear focus only after the deadly deed.

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