Add Oregon to the ever-growing number of states considering legislation to protect their citizens’ basic right to keep and bear arms from overreaching federal acts.
On Monday, Rep. Tim Freeman (R-Roseburg) filed HB3006. The bill stands among the most ambitious Second Amendment Protection Acts in the U.S. It would essentially nullify all federal gun regulations in the state of Oregon.
All federal acts, laws, orders, rules and regulations relating to firearms are invalid and may not be enforced in the State of Oregon.
The bill directs the Oregon Legislative Assembly to adopt all measures necessary to block federal enforcement of firearms regulations and makes provisions of the act applicable before, on or after its passage.
Nine fellow representatives and six senators joined Freeman in sponsoring HB3006.
While many will undoubtedly balk at the scope of the proposed legislation, Tenth Amendment Center communications director Mike Maharrey called the bill legitimate and necessary in light of the federal government’s actual authority to regulate firearms.
“Yeah, there isn’t any. None at all,” Maharrey said. “First off, the Constitution does not delegate any power to the federal government to regulate firearms. Secondly, the states ratified the Second Amendment, which further defines the limits of federal power over arms. The Second Amendment tells the feds they cannot infringe – and that means interfere with in any way – the right to keep and bear arms, even in the course of exercising legitimate powers. So all of this talk about the commerce clause authorizing firearms restrictions is a bunch of hogwash.”
Predictably, lawyers have already declared the proposed act unconstitutional. The Oregon Legislative Council Committee issued a report saying the supremacy clause and Supreme Court rulings render the act illegal.
“Lawyers always say stuff like that,” Maharrey said. “Just because somebody went to law school doesn’t mean they know squat about the Constitution. These people demonstrate that fact on a daily basis. They don’t teach constitutional history in law school. They don’t teach these folks about the intent of the ratifiers. They teach them precedent and judicial supremacy. Of course they parrot this garbage. But saying something over and over again doesn’t make it true. Bottom line: the Second Amendment doesn’t change just because some judge issues an opinion. Last time I checked, the United States wasn’t ruled by royal decrees issued by five black-robed federal employees. Somebody has to step up and stop the feds when they exercise undelegated powers. I’m going have to agree with James Madison and Thomas Jefferson on this one. That job belongs to the states.”
Sources close to the Tenth Amendment Center indicate Washington Democrats say this bill will go nowhere, and they do enjoy a three-seat majority.
“I’m sure opponents of the bill will trot out these supremacy clause arguments and make a bunch of self-righteous statements about how the state can’t defy the federal government,” Maharrey said. “Well, I have a question for these guys and gals. How many of them supported the move to legalize weed in Washington? I mean, apparently the people out there don’t have a problem with defying the feds.”
The bill has not been referred to a committee.
Oregon counts as the 22nd state to consider action to protect the right to keep and bear arms from federal infringement in this legislative session.
If you live in Oregon, contact your representative and senator and tell them you want them to interpose and protect your right to keep and bear arms. Remind them it’s their duty to “protect and defend” the Constitution, and that includes the Second Amendment. Ask them to support HB3006. You can find legislative contact information for the Senate HERE, and the House HERE.
You can track Second Amendment protection legislation across the U.S. HERE. You can also find model legislation to send to lawmakers in your state if it is not already considering similar bills.
Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center. He proudly resides in the original home of the Principles of '98 - Kentucky. See his blog archive here and his article archive here. He also maintains the blog, Tenther Gleanings.
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