wanter to complete my comment, but It apperars that this sit only allows soundbites, not comments gotta go
The Tenther Grapevine
Introduced in the State Senates of both Colorado and South Dakota last week is a bill known as the “Firearms Freedom Act.” If passed, the bill would make state law that “any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in the state and that remains within the borders of the state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”
This now makes Firearms Freedom Acts already passed in Montana and Tennessee, and currently introduced in these 21 states: Alabama, Alaska, Arizona, Colorado Florida, Georgia, Kentucky, Michigan, Minnesota, Missouri, New Hampshire, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, and Wyoming.
According to Gary Marbut of the Montana Shooting Sports Association and author of the original bill that was introduced in Montana, “It’s likely that FFAs will be introduced soon in West Virginia, New Mexico, Idaho, Kansas, Arkansas, Louisiana, North Carolina and maybe elsewhere”
South Dakota’s Senate Bill 89 (SB89) was introduced by State Senator Rhoden, and has 22 Senate co-sponsors and 44 House co-sponsors.
Colorado’s Senate Bill 092 (SB10-092) was introduced by State Senator Schultheis and has 9 Senate co-sponsors and 7 House co-sponsors.
CLICK HERE – to view the Tenth Amendment Center’s Firearms Freedom Act Tracking Page
UPDATE, 01-26-10
The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.
But nullification is more than just a mere rhetorical statement or a resolution affirming the position of the legislature. To effectively nullify a federal law requires state action to prevent federal enforcement within the state.
Implied in any nullification legislation is enforcement of the state law. In the Virginia Resolution of 1798, James Madison wrote of the principle of interposition:
That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.
In his famous speech during the war of 1812, Daniel Webster said:
“The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist”
Here Madison and Webster assert what is implied in nullification laws — that state governments not only have the right to resist unconstitutional federal acts, but that, in order to protect liberty, they are “duty bound to interpose” or stand between the federal government and the people of the state.
In similar proposals, some legislators around the country have begun adding penalties – ranging from misdemeanors to felony charges – for federal agents, too. Other legislators have already introduced what’s known as the “State Sovereignty and Federal Tax Funds Act” which would require the state to interpose against the IRS and withhold tax funds from D.C. Click here to read more about this proposal.
Even without such specific penalties listed, I see this as an important step in the right direction.
Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin, on LinkedIn, and on Facebook.
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wanter to complete my comment, but It apperars that this sit only allows soundbites, not comments gotta go
Lets go all the way and abolish the fed govt. what has the fed govt done except wage perpetial war, bail out banks, and build prisons, and spend our grandchildrens
money. Our cities' infrastructures are 100 years old, and our bridges are falling in the rivers while we build new ones in Iraq. We dial 911 for a ambulance and
45 million of us lose our our life savinge -- but we did fund Univeral healthcare as a right in Iraq.
The Individual states would be much better of without a fed
govt -- taking over their own education, healthcare, law enforcement, retirement, social security, roads, infrastructure.
remember that We were on top in education and health until the 70s when the feds started creating the Dept of this and the Dept of That.
For the amount of money
that was spent in Iraq and bank bailouts, we could of had Universal healthcare, New Infrastructure, And light rails in every city.
Wyoming-made firearms are exempt from all federal laws. Any firearms made in Wyoming, besides automatic weapons and or grenades, are exempt from all federal gun laws so long as the gun isn’t taken out of the state.At the same time, though, the Firearms Freedom Act means that convicted felons, mental patients and people younger than 21 are not permitted to buy buy Wyoming-made firearms.
Read Starving The Monkeys today!
Quit feeding the Mobocracy Looter Minions and their hordes of tax-feeding bureaucrats, jackboots, and mercenaries. Quit funding and forging your own chains and shackles. Quit funding, supporting, and turning a blind eye to the perpetual perpetration and jackbooting of your family, friends, associates, and acquaintances.
Stop funding the welfare. Stop funding the warfare. Stop voting for the lesser tyrant and let all the candidates know that they don’t have your support or your vote or your obedience…regardless.
Ask those receiving GUNvernment checks for welfare, bureaucracy, jackbooting, and warfare if…to harvest their checks…they are willing to shove a machinegun in your face to get their loot and booty and to continue their gravy train at the tax-feeder trough.
The honest truth of the matter is that less than one third of the human beings in Amerika are even working at all. Then, a third of those are only in bureaucratic compliance paper pushing jobs that would virtually disappear in the voluntary marketplace.
So it all comes down to what your neighbors…what your townspeople…what your fellow parishoners are willing to do to you to continue their loot and booty gravy train for just one more day.
Hey, we didn’t say it would be easy…
We only said it would be the terrifying truth…
The soapbox hasn’t worked…what part of NO don’t they understand.
The ballotbox hasn’t worked…what part of SHALL NOT INFRINGE don’t they understand.
The jurybox hasn’t worked…what part of FULLY INFORMED JURIES and putting yourself in the accused’s shoes don’t they understand.
History has repeated proven that those who don’t understand the necessity of BOTH the plow AND the sword…are doomed to plow for others at swordpoint.
So why not enjoy the shrieks, cries, and gnashing of teeth as you share, promote, and distribute Starving The Monkeys to everyone you can.
Guaranteed that telling them NO and handing them a business card with HTTP://WWW.STARVINGTHEMONKEYS.COM on it will be much more productive and satisfying than slinging heavy metal.
Anywho…
There are only two types of human beings
One type just wants everyone to leave everyone else alone
The other type refuses to do so while they still breathe
Sooner or later you will choose the one, or the other
Hey, what are you waiting for? Start starving the monkeys today!
Starving The Monkeys Continually And Forevermore,
John and Dagny Galt
Atlas Shrugged, Owners Manual For The Universe!(tm)
.
I have nothing new to add, only the same old stuff. When all guns are Out-lawed, only the Out-laws will have guns as the UN would have it. [ Army, SS, KGB, & others designated by the government], Slavery results from disarming the masses, ask Adolf or uncle Joe.
If all this hightened activity regarding the Tenth Amendment does nothing else, hopefully it will make people aware of what essential freedoms and basic civil rights are or should be in our every day lives.
That alone will underscore how much we've lost since the inception of the Republic, and who - in great part - is to blame. It doesn't HAVE to be the way it is now. But it will continue unless we understand the issues, recognize the problems, and most of all, get involved!
Thank you sir for your great and noble public service.
You're right, that's the best thing about all of this. It's also being done in reference to the health care stupidity. People will keep learning from these events, eventually something has to give.
Look for the usual power hungry suspects in our congress to oppose this tooth and nail,such as;Boxer,Schumer,Feinstein,Lieberman,Lautenberg,Wexler,....
Say,I see a trend here,do you?
This is awesome news and news that will make relocating from the once great State of California and easy decision. Sadly, in this State, Political Correctness has overtaken Common Sense. This poison from California has infiltrated the national scene as well by producing and empowering such mindless idiots as Pelosi, Matsui, Boxer, Feinstein, and others as well. It has become a cancer to freedom nationwide, which makes reports like this so endearing.
As the states decide this they can have more than just an impact within their states.
They can agree to offer an agreement between themselves to allow weapons to be transported amongst those who have passed the legislation...interstate.
Common borders, common legislation, and in the event of a majority, a negation of federal power in this regard.
After majority is established by the numbers, I suggest these states make presentment to that Title III court to reinstate all the rights that have been taken away. Repeal The Patriot Act among other things...hmmm?
Tums stock ought to be goin up.
If you lived in Southern California, you would know that these laws have been tested aggressively by the feds for years. Many people have had their lives and liberty destroyed by those thugs - often times with the aid of local and state police agencies too! So in the face of all those odds, when enough people simply say no, freedom advances.
The same method should be applied to gun laws, to sending the national guard overseas, to legal tender laws and more. Well, that's my opinion...
Wish I had more time to discuss this with you - I do appreciate your perspective and willingness to engage on this subject. thanks!
Well, on that I fully am with you. And in fact, here at TAC we have model legislation that we have been floating around to state reps around the country to require governors to keep National Guard troops in state.
Did I mention violence Michael or action? Personally, I believe that the states (all states) should seceed, but I think if enough participation is evident, this can be achieved peacefully. I certainly would not rule out a state defending its sovereignty with force if no other option was available, but that hopefully would not become necessary.
My comments on marijuana legalization were not menat to imply that progress has not been made; I think the contrary is true. But when any of these state-approved drug or gun laws are challenged aggressively by the feds, and the states successfully defend themselves, I will concede that the process was a success. Until then, I will remain sceptical.
We are on the same side!
Where I live in LA county - in 1990 do you know how many retail locations sold marijuana without being harassed by federal agents? Zero.
Today - nearly 1000.
While I expect the local government thugs to try to reduce that number soon, it is an absolute fact that people are conducting business more freely today - without state and local governments going after the feds - than they were a decade or more ago.
You say "They haven't gotten anywhere yet" They haven't? wow, that is a statement so incorrect I don't know where to start.
I lack the time and energy to explain all the advances in freedom that have come in that realm without resorting to violence as you suggest is required. If you feel freedom can only be advanced by being aggressive, so be it.
Michael,
They haven't gotten anywhere yet, even though there are many states that have "legalized" marijuana use, including my own. We will find out how effective the state medical marijuana laws are when they are actually tested by the feds. Considering the current state and local control and massive intervention, it is certainly no free market yet!
Mr. Bolden,
I appreciate your comments, but all the legislation in the world will still be useless until real action is taken. When that happens, I will fully support any state involved in the real nullification process. I have seen this type of response by states for decades, but I have never seen the governor of any state actively arrest and detain the federal police forces. I will not hold my breath in wait, but will remain hopeful.
Gary Barnett ... Lewistown, Montana
In theory, of course, I strongly agree. but the practical reality is that these bills are having the effect of a) bringing this issue to the public sphere and educating the people about the constitution and their rights and b) creating fertile ground when a bill is passed, for the next step.
Mr. Bolden,
I continually find myself having to explain the Tenth Amendment to people who claim to be Tenth Amendment experts or supporters. No new legislatiion is necessary; only action need to take place. Since the Tenth Amendment is already in place, nullification ONLY requires that states refuse to comply with any federal law that is either immoral, wrong or unconstitutional. Nothing else is necessary. Passing new nullification legislation at the state level is irrelevant as any state legislation will carry less weight than the Tenth Amendment itself. The state just need to get some guts and do the right thing instead of bantering about and spewing empty threats.
Excellent point, Gary. The only effective way for the states to take action on this issue is to take the next logical step - encouraging the re-establishment of CITIZEN MILITIAS, AS DEFINED BY THE SECOND AMENDMENT, within their borders. This is ESSENTIAL for re-asserting states' rights under the Tenth Amendment.
They could also, Michael, simply take over and control their national guard and reserve forces; this along with a Swiss-style citizen militia force. In addition, the states could flatly refuse to allow any of these forces to be deployed to overseas wars. Today, however, the opposite is occuring, especially considering Northcom and the federal (national) militarization of all police forces.
IMO, these state laws don't go far enough to get at the root of the problem. By restricting their nullification to arms and ammunition produced within the borders of their states, they validate the ridiculous fallacy that the "commerce clause" grants congress the authority to legislate on anything it pleases.
If several states were to amend their constitutions to read that the federal government has no authority to legislate or regulate firearms in any manner and that any federal firearms law is, therefore, null and void within the borders of that state, there would be, at least, some actual assertion of state authority being made.
These new state laws are not the bold assertions of state authority that we are being led to believe they are. They are being crafted by legislators who are inadequately informed on matters of state powers and are probably being advised by scheming statist attorneys who know full well that these laws are basically pointless.
Great News!
Even better when all the federales are physically ejected from the Sovereign States!
Bravo!
Sincerely,
John and Dagny Galt
Atlas Shrugged, Owners Manual For The Universe!(tm)
.
I am pleased to see the States take an active step in what seems to be the people's protection of the right of self defense. I just hope this doesn't lead to the States to commit their own brand of tyranny. It is just so much easier to leave individuals alone.
Love Liberty,
www.iocca.us
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