Blog Archives
3 State Houses vote to Nullify Federal Gun “Laws”
Alaska House Passes 2nd Amendment Preservation Act, 31-5
by Kelli Sladick via Tenth Amendment Center Blog
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?
by TAC Daily Updates
via Tenth Amendment Center Blog
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?
by TAC Daily Updates via Tenth Amendment Center Blog
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.
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.
Track all nullification legislation here:

Related articles
- 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)
State by State, A Nullification Domino Effect
by Joel Poindexter via Tenth Amendment Center
Throughout the Cold War the prevailing fear of United States government was the domino effect. Simply put, if even one country fell to communism, it could start a chain reaction that would quickly consume the remainder of the free world in a totalitarian dragnet. This led to a doctrine of containment, wherein the U.S. government would intervene in virtually any country, by any means necessary, to prevent the transition to a communist system. There were full-scale wars in Korea and Vietnam, coups in Guatemala, Iran, and the Republic of Congo, and a host of other clandestine operations meant to undermine Soviet influence around the world.
In much the same way, the U.S. government has been engaging in a doctrine of containment – or at least they’ve been trying – for the better part of four decades regarding the drugs. They’ve militarized state and local police forces, launched full-scale military operations, and employed the U.S. Coast Guard to combat drugs. They capture drug dealers in sting operations, prosecute young and old alike, and have jailed millions of non-violent individuals, all in an effort to stamp out freedom of choice and rights to private property.
The first indicator that some of the dominos were going to fall happened during the 1990s, when people began buying and selling marijuana for medicinal use. Starting with California in 1996, a number of states even partially decriminalized the banned plant when they realized that containment would be ineffective. Over the course of the next decade eighteen states and the District of Columbia passed legislation that meant medical marijuana users would be left alone. That is to say the state governments wouldn’t harass users, but the Feds kept up the pressure, and continued with their futile attempt to control that sector of the economy.
And then the people of two states, Colorado and Washington, decided to up the ante. Earlier this month they passed legislation that would allow pot smokers to freely use marijuana without the threat of kidnapping and prosecution from state bureaucrats. Almost overnight prosecutors in Colorado and Washington began dropping cases that solely involved possession charges.
MORE . . .
Related articles
- State by State, A Nullification Domino Effect (txwclp.org)
- State by State, A Nullification Domino Effect (tenthamendmentcenter.com)
- A Simple Constitutional Argument For Letting States Legalize Marijuana (businessinsider.com)
Rick Perry Joins List of Governors Saying ‘No’ to State Health Exchanges
Posted by Matthew Renquist via Tenth Amendment Center Blog
Governor Rick Perry has said there will be no state health exchanges in Texas. In a letter to U.S. Secretary of Health and Human Services, Kathleen Sebelius, Perry made his intentions very clear.
“Our state will not be a party to helping facilitate the taxation of millions of Texans, at an unknown cost, to implement bad public policy.”
Although a state rejecting to set up exchanges does not nullify the unconstitutional federal mandate, it is a start in eliminating the Affordable Care Act. The law only appropriates funds for the exchanges, if it is created by the state.
As Michael Maharrey, Communications Director, of the Tenth Amendment Center said, “This is a good first step. The feds depend on state cooperation to make these huge programs work. If a large number of states refuse to set these exchanges up, it puts and increasing burden on the federal bureaucracy, one I’m not convinced they are really prepared to deal with. It will definitely gum up to works, and it sets the stage for more aggressive state action to block implementation of this unconstitutional act.”
If you are interested in learning more about state healthcare nullification, click here.
Matt Renquist is a blogger for the Tenth Amendment Center. He believes in the principles of the Tenth Amendment, and a limited federal government. Matt holds a Bachelor’s Degree from Colorado State University.
Also See:
- Indiana governor-elect says ‘No!’ to health insurance exchanges – Tenth Amendment Center Blog.
- Alaska governor refuses to commit to state insurance exchange – Tenth Amendment Center Blog.
- Nebraska governor on health insurance exchanges: nope – Tenth Amendment Center Blog.
- S.C. Governor Haley says no to health exchanges – Tenth Amendment Center Blog.
- A chat with the Ohio governor’s office on health care nullification – Tenth Amendment Center Blog.
- States Decide on Obamacare Exchanges – Tenth Amendment Center Blog.
Related articles
- Do the Secessionists Have As Much Courage As the Nullifiers? (rubinoworld.com)
- Michigan Nullifying the NDAA: A Work in Progress (rubinoworld.com)
- States Considering Nullification (rubinoworld.com)
- Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents (rubinoworld.com)
- Will Texas Nullify Both NDAA and TSA? (tenthamendmentcenter.com)
- Will Texas Nullify Both NDAA and TSA? (rubinoworld.com)
- Rick Perry Joins List of Governors Saying ‘No’ to State Health Exchanges (tenthamendmentcenter.com)
- Alaska governor refuses to commit to state insurance exchange (tenthamendmentcenter.com)
Will Americans Be Stripped of Citizenship Based on Accusation?
by Joe Wolverton, II via Tenth Amendment Center Blog
In a recent op-ed published in Jurist, St. John’s University School of Law student Christopher Elsee described a scenario he believes threatens the civil rights of his fellow citizens.
Writes Elsee:
Imagine you have just written a check to an organization that sends mechanical engineering textbooks to students in Afghanistan or Iraq. Now further imagine that you have been engaged in this practice for well over a decade because you are interested in helping individuals in developing countries to improve their technical knowledge, with the hopes of enabling them to better themselves. Are you supporting terrorists? According to a proposed piece of legislation, you may very well be.
The legislation Elsee mentions is the Terrorist Expatriation Act. This bill, proposed in 2010 by Senator Joe Lieberman (I-Conn.), would strip any American accused of terrorism of his citizenship. This would place the suspect outside of the jurisdiction of the U.S. Constitution’s Article III courts and assign the trial on his alleged crimes to a military tribunal.
As Elsee explains:
The act adds offenses such as providing material support to foreign terrorist organizations, engaging in or purposefully and materially supporting hostilities against the US or any country engaged in hostilities alongside the US or providing direct operational support to the US. Another section of the act explains that “material support or resources” means, among other things as the list goes on, property, services, training, expert advice or assistance, communications equipment and facilities.
This illustrates why the person in Elsee’s hypothetical would face expatriation.
A central point of the act not specifically addressed in Elsee’s article is the provision specifying the burden of proof in a case brought under its authority.
Under the Terrorist Expatriation Act, anyone stripped of his citizenship could appeal his expatriation to a federal court, where the federal government would have to demonstrate by “a preponderance of the evidence” that the accused committed the offense with the purpose of relinquishing his citizenship.
An online legal dictionary defines this standard of proof as “just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true.” In the taxonomy of burdens of proof, preponderance of the evidence is much easier to prove than “beyond a reasonable doubt,” for example, which is defined by that same dictionary as “no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.”
MORE . . .
Related articles
- Will Americans Be Stripped of Citizenship Based on Accusation? (dprogram.net)
- How Far Will American Congress Go to Crush Free Speech and Political Dissonance? (bonjupatten.wordpress.com)
- Will Americans Be Stripped of Citizenship Based on Accusation? (tenthamendmentcenter.com)
- Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents (blacklistednews.com)
- Texas NDAA Nullification Bill Includes Criminal Charges for Federal Agents (tenthamendmentcenter.com)
Do the Secessionists Have As Much Courage As the Nullifiers?
by Benjamin W. Mankowski, Sr. via Tenth Amendment Center Blog
By now, anybody who even casually follows the Tenther movement and the liberty movement in general has likely heard about the secession petitions circulating. Yesterday, I had personally gone from only hearing about Louisiana, to hearing my State of New Jersey had one too, to hearing the count was up to twenty States. That could be an old number by the time this makes it into the Tenth Amendment Center blog.
The language of these petitions is interesting, as they “ask” the federal government to let said States peaceably withdraw from the United States. Although I confess to having signed, originally for Louisiana upon first finding out, and then for New Jersey, it was more out of curiosity than anything else.
Apparently, any State circulating these petitions requires a minimum of 25,000 signatures within thirty days in order to receive a White House response. Texas has nearly double the required signatures, and Louisiana is likely a day away from hitting the threshold. Several states are beyond halfway there. Check to see if your State is on the list. While you’re at it, go ahead and sign, so you can get your response. The most likely response from the White House is a familiar word to anybody in the nullification movement, “No.”
Meanwhile, throughout the United States, two States legalized marijuana, this Election Day, not just for medicinal use, but for general use. Others nullified the Affordable Care Act, also known as ObamaCare, or in New Jersey as PalloneCare. Governors in other States have stated flat out they will not implement the ACA. They are not asking permission to opt out. They are not asking the federal government to refrain from enforcing it in their State. They are telling D.C. how it will be. Whether or not their State remains in the union, they are going to do things their way.
Back to secession.
MORE . . .
Related articles
- Three and Counting: Another State Considers Obamacare Nullification (tenthamendmentcenter.com)
If Alabama voters choose freedom, will lawmakers step up?
Posted by Mike Maharrey via Tenth Amendment Center Blog
MONTGOMERY, Ala. – A simple amendment to the Alabama state constitution could set the stage for blocking implementation of the Patient Protection and Affordable Care Act in the Heart of Dixie.
Alabama voters will consider Amendment 6 on Nov. 6. The legislatively-referred amendment would free Alabama citizens from any requirement to participate in Obamacare, or any other compulsory health care program.The ballot language reads as follows:
Proposing an amendment to the Constitution of Alabama of 1901, to prohibit any person, employer, or health care provider from being compelled to participate in any health care system.
Yes ___
No ___
“We want the people of Alabama to know that if we’re going to join a program like that we’re going to have it on a ballot, and you and me and everyone will be able to vote and decide if we want to join a national health plan or not,” Rep. Phil Williams (R-Madison) said.
If passed, the amendment would place the onus on the Alabama legislature and executive branch to block implementation of the PPACA and shield their citizens from federal mandates.
MORE . . .
Related articles
- If Alabama voters choose freedom, will lawmakers step up? (tenthamendmentcenter.com)
- Florida voters get oppotunity to say ‘No!’ to federal insurance mandates (rubinoworld.com)
- Three and Counting: Another State Considers Obamacare Nullification (tenthamendmentcenter.com)
Will Montana Voters Nullify the Mandate?
HELENA, Mont. – On Nov. 6, Montana residents will exercise their sovereign right and decide on health care freedom.
LR-122 would prohibit the state and federal governments from requiring any Montana citizen to purchase health insurance, or from “imposing any penalty, tax, fee or fine on those who do not purchase health insurance.”
Supporters in the legislature opted for a legislatively-referred state statute, figuring they would have a better chance of getting the bill enacted as a ballot measure, avoiding Democratic Gov. Brian Schweitzer’s veto pen.
Rep. Gary MacLaren (R-Victor) introduced the measure in the House. He called health insurance mandates a punishment for poverty.
“Who doesn’t have health insurance? People who can’t afford it. If they don’t [buy it] we’re going to fine them. So what are we doing? We’re fining people for being poor.”
MORE . . .
Related articles
- Will Montana Voters Nullify the Mandate? (tenthamendmentcenter.com)
- Florida voters get oppotunity to say ‘No!’ to federal insurance mandates (rubinoworld.com)
- States Considering Nullification (rubinoworld.com)
- Three and Counting: Another State Considers Obamacare Nullification (tenthamendmentcenter.com)

States have opportunity to say ‘No!’ to gun grabs
At the close of 2011, Barack Obama signed the
Yesterday, Barack Obama won the presidential election. But, the people of six states voted to take their freedom without federal “permission.”