Franklin County, Indiana Passes 2nd Amendment Preservation Ordinance

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 that violate the 2nd Amendment.

Last week, Beaufort County, North Carolina became the first in the country to do so. On Tuesday, Franklin County, Indiana joined them by passing a 2nd Amendment Preservation Ordinance. It passed unanimously, and County Commissioner Scott M. McDonough says they mean business.

“The citizens of Franklin County take the Constitution seriously and the State and Federal government need to do so as well,” he said.

The ordinance itself is an extremely strong stand in support of the 2nd Amendment. It reads, in part:

All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment

The ordinance continues:

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Alaska Updating their Firearms Freedom Act

Representative Chenault, along with cosponsors Representatives Millett, Johnson, and Wilson, have introduced HB069 that builds on their previous Firearms Freedom act of 2010 HB 186.

Currently HB069 is assigned to the House Judiciary Committee.

HB069 has minor changes to the previous Firearms Freedom Act of 2010. This bill removes the “made in Alaska” stamp requirement from HB 186. Instead, Alaska will have to acknowledge all legally obtained firearms possessed in the state of Alaska as not subject to any federal acts, laws, or regulations.

HB069 states, “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.”

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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Hawaii Legislature Considers Extending Its Defiance Of Feds On Pot

With a 12-plus year fed-defying track record with its medical marijuana program, the Hawaii legislature will consider the next step during the 2013 legislative session – full legalization of pot for recreational use.

House Speaker Rep. Joseph Souki and Rep. Scott Saiki introduced HB150 on Jan. 18. The bill description summarized the legislation.

Authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores. Requires the counties to provide for licensing of marijuana facilities if the State fails to do so. Authorizes the counties to regulate or prohibit marijuana facilities within their boundaries.

The legislation completely ignores federal prohibitions on marijuana and the Supreme Court ruling empowering the feds to regulate it, effectively nullifying the unconstitutional federal act.

Notwithstanding any other provision of law, the following acts shall be lawful and shall not be a basis for seizure or forfeiture of assets for persons twenty—one years of age or older…

These legalized acts include possessing, transporting, growing and consuming less than one ounce of marijuana.

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Alaska House Speaker Calls for Nullification

And a local reporter condemns him with the same old fourth-grade arguments. He gives us the Supremacy Clause (which he evidently thinks Thomas Jefferson didn’t know about), which he takes to mean that any old federal law trumps all state law, an interpretation that would have come as a surprise to the ratifiers. He gives us the morally grotesque “the Civil War settled this” argument, naturally. And so on.

Then we get the usual lecture about the bad old Articles of Confederation, regarding which Aronno is content to repeat his fourth-grade lesson, and has evidently never shown any curiosity beyond that. He quotes Madison without acknowledging the Report of 1800, where Madison said the states had to have a defense mechanism to guard against all three branches of the federal government.

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