Senator Dave Bloomfield along with co-sponsors [Hansen; Kintner; Larson; Murante; Schilz; Watermeier] introduced LB602 on January 23. 2013. LB 602 takes the same tactical approach as model 2nd Amendment Preservation legislation available through The Tenth Amendment Center. The Bill is currently in the Judiciary Committee.
Some 15 States have now introduced legislation under the ‘firearm’s freedom act‘ banner, but this one takes a very strategic Constitutional stance.
Sec. 2. The Legislature finds and declares that the authority for the Nebraska Firearms Freedom Act is the following: (1) The Tenth Amendment to the United States Constitution which guarantees to the states and their people all powers not granted to the federal government…”
LB602 continues by citing:
“The Ninth Amendment to the United States Constitution which guarantees to the people rights not granted in the Constitution…”
“The regulation of intrastate commerce which is vested in the states under the Ninth and Tenth Amendments…”
“The Second Amendment to the United States Constitution which reserves to the people the right to keep and bear
“Article I, section 1, of the Constitution of Nebraska which clearly secures to Nebraska citizens, and prohibits government interference with, the right of individual….”
“The authority of the Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Nebraska from those materials. Firearms accessories that are imported into Nebraska from another state and that are subject to federal regulation as being in interstate commerce does not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Nebraska.”
This Bill goes on to subject any agent/agency of the State of Nebraska AS WELL AS those of the federal government to a Class I Misdemeanor for violation of LB 602.
Bloomfield realizes that the battlefield will be over the issue of State’s Right’s. No one can argue the fact that the federal government is becoming increasingly aggressive with their ‘central planning agenda’. Many will argue over the benevolent v malevolent consequences of this vastly aggressive stance, but when all is said and done the real argument will be the Constitutionality of such aggression. Bloomfield and company have their argument ready if they can only get the rest of the Nebraska legislature to stand as tall as those robust stalks of corn throughout Nebraska . As least the corn stalks produce something of value – we’ll see what Bloomfield’s peers produce.
LEGISLATION AND TRACKING
If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.
Track the status of 2nd Amendment preservation legislation in states around the country HERE
ACTION ITEMS for Nebraska