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The resistance to so-called federal gun “laws” continues to grow. With states such as Texas, Missouri, Oklahoma and Arizona also considering nullification of these federal acts, the current count is already 11. Oklahoma’s Senate Bill 548, the 2nd Amendment Preservation Act, is among the strongest. It states, in part:
“federal acts, laws, orders, rules, regulations, bans, or registration requirements regarding firearms constitute an infringement on the individual right, are not authorized by the Constitution and are hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specially rejected by this state, and shall be considered null and void and of no effect in this state.”
The legislation also provides for criminal penalties for federal agents who try to enforce unconstitutional gun laws, rules, regulations, orders, and the like:
Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment
Tenth Amendment Center national communications director, Mike Maharrey summed up much of the sentiment behind such bills:
“When you’ve got people like Feinstein talking about major bans and Biden telling us that all they need is an executive order, you know these folks are willing to go all the way. So, it’s good to see these folks in Oklahoma and other states go all the way as well, all the way in support the 2nd Amendment without any ifs, ands, or butts. The feds have absolutely zero constitutional authority to make any laws over your firearms. Period.”
The Second Amendment was not created to give the right to keep and bear arms to the people. The founders acknowledged that the people already had those rights. The 2nd was intended to protect them by keeping the federal government off their backs.
Robert Natelson writes in The Original Constitution “The Second Amendment served purposes besides buttressing the natural right of self-defense and the reserved power of armed resistance. By guaranteeing continuation of the state militias, it strengthened state power in the state-federal balance…By protecting the militia, the Amendment promoted citizen involvement in government military affairs.” and, “The purpose of the Second Amendment suggests that the word “arms” should be interpreted rather broadly to include a range of military and self defense weapons,” Natelson explained.
Track the status of 2nd amendment preservation bills at http://tracking.tenthamendmentcenter.com. To get model legislation for introduction in your state or local community, visit http://tenthamendmentcenter.com/2ndamendmentpreservation
While a number of states are currently considering legislation to nullify federal gun laws, rules, acts, orders and regulations, and various sheriffs around the country are issuing notice that they will not enforce any such federal laws, a new grassroots undercurrent could be building to support those efforts. Local governments nullifying unconstitutional federal acts.
Last week, Beaufort County, North Carolina became the first in the country to do so. The board of commissioners passed a nullification resolution in support of the 2nd Amendment. The vote was unanimous. The resolution reads, in part:
The Beaufort County Board of Commissioners calls upon the Governor and General Assembly of the State of North Carolina to immediately pass an act to nullify the implementation within the State of North Carolina of any Federal law, executive order or regulations restricting the right to keep and bear arms
It continues, and makes clear that the County will play no supporting role to the federal government in attacks on the 2nd Amendment:
BE IT FURTHER RESOLVED, the County Manager be directed to see that no county paid staff participate in nor allow any county resources be used in the implementation of any Federal law, executive order or executive directive that infringe on the right to keep and bear arms
Enthusiasm from the community was high. Representatives from the North Carolina Tenth Amendment Center reported that the “room was packed” to the point that the crowd was “overflowing out into the hall.” Two local tv stations were on hand to report as well.
In Texas, round 2 vs the TSA is underway. In the state house, Representative David Simpson has introduced HB80, and in the senate, Dan Patrick has introduced SB20. This piece of legislation reads, “A person who is a public servant commits an offense if the person: while acting under color of the person’s office or employment:
A) intentionally subjects another person to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that the actor [he] knows is unlawful:
B) intentionally denies or impedes another person in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the actor’s conduct is unlawful; or
(C) intentionally subjects another person to sexual harassment” will be subject to prosecution if, “the defendant was, at the time of the alleged offense, acting under the color of federal law.”
In closing today, both Washington State and Oklahoma are now considering legislation to nullify the Patient Protection and Affordable Care Act, AKA Obamacare. In Washington, Ten representatives, led by Rep. Matt Shea, introduced HB1168, known as the Washington state health care freedom act of 2013. The bill would protect people there from any attempt to force them into any health care system, guaranteeing the right to control their own health care decisions. It states, in part:
“A law or rule pertaining to health care shall not directly or indirectly compel any person, employer, or health care provider to participate in any health care system.”
Provisions in the bill also protect the right of health care providers’ to accept direct payment and block any law that would prohibit the purchase of private health insurance. The legislation concludes with a provision nullifying any federal act in conflict with provisions of the bill, based on the fact that no constitutional power exists authorizing the federal government to administer a health care system.
Any federal law, rule, order, or other act by the federal government violating the provisions of this section is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state.
Track the status of similar legislation in states around the country at http://tracking.tenthamendmentcenter.com. Get model legislation ready for introduction in your state at http://tenthamendmentcenter.com/obamacare
10 for 10: Tenther News is a weekly video report on the top 10th Amendment news around the country. Get 10 minutes (or so) on the 10th, from the Tenth Amendment Center. Live at 10:10 AM (Pacific Time) every Monday at www.youtube.com/tenthamendmentcenter.
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