Action Alert: Nullify Federal Gun ‘Laws’ in the State of Utah

HB114, The Second Amendment Preservation Act, is up for an important committee hearing and vote in Utah – and needs your support to move forward.

The bill would nullify federal violations of the 2nd Amendment in the State of Utah.  It has been heard in the House Committee on Judiciary and is expected to have a do-or-die vote in that committee in the coming days.

The Tenth Amendment Center requests your immediate help by contacting  committee members to express your support for this legislation.  We urge you to CALL as the deadline is approaching fast.  Strongly, but respectfully, inform your representative that you are concerned with federal infringements on the right to bear arms. HB114 can be viewed here.

NOTE: With a vote coming as soon as the early part of the week, Calls should even be made on the weekend or in the evenings.  Leave a message on their voicemail and ask to have someone return your call so that you can hear back from the legislator or their staff.



Action Alert: NDAA Nullification up for Final Vote in Colorado House

HB13-1045, The Liberty Preservation Act to stop NDAA “indefinite detention” in the State of Colorado, has a do-or-die vote this coming week – as early as Monday.  Phone calls are needed now, even over the weekend, to help this bill pass.

That week, in a surprise turnaround due to the large number of phone calls legislators received in support, the bill passed out of committee by a 7-4 vote.  4 Republicans and 3 Democrats joined in favor.

But, inside sources say that one State Rep might make an effort to kill the bill in the full house as early as Monday, and your help is needed to get enough legislators in the YES column to prevent that from happening.

NOTE: With a vote coming as early as Monday, Calls should even be made on the weekend or in the evenings.  Leave a message on their voicemail and ask to have someone return your call so that you can hear back from the legislator or their staff.



To Protect the Second Amendment, Pennsylvanians Rediscover the Tenth

After the flurry of new legislation introduced in the Pennsylvania General Assembly in 2013, gun owners should consider sprucing up their spring wardrobes with Tenth Amendment t-shirts and hats.

In mid-January, State Representative Daryl Metcalfe proposed the Right to Bear Arms Protection Act (HB 357) which nullifies all federal firearms laws adopted after December 31, 2012. HB 357, which provides criminal penalties for attempted enforcement of unconstitutional gun laws in Pennsylvania, amassed 67 co-sponsors in the last month.

Following closely on the heels of HB 357, State Representative Matt Gabler introduced the Firearms Freedom Act (HB 475) which prevents any federal regulation of firearms and ammunition manufactured and sold within Pennsylvania’s borders. Citing the 9th and 10th amendments as valid consideration for Pennsylvania entering in the union compact in 1787, HB 475 draws a line in the sand against federal laws that are offensive to intrastate commerce and Pennsylvania and federal constitutional guarantees of gun rights. HB 475 garnered 49 cosponsors in the last three weeks.

Despite the popularity of both pending nullification bills, several Republican and Democratic state legislators have refused to join as cosponsors, invariably citing the Supremacy Clause for the proposition that federal laws are supreme and only federal courts can say otherwise.


Will Montana Nullify Federal Gun Laws?

As sheriffs around the country get more and more media attention for making statements that they will not comply with or enforce federal gun control schemes, the Montana State house – and a number of others – is taking things a step further.

House Bill 302 was introduced last month by State Representative Krayton Kerns.  If passed, it would be another line of defense for the right to keep and bear arms in the State of Montana.  Instead of Montana residents having to rely on the goodness, courage, and constitutional understanding of their own local Sheriff – HB302 would make it state law that no state agent, agency or peace officer working in the state of Montana would be allowed to enforce such violations of the 2nd Amendment.

The bill states, in part:

A peace officer, state employee, or employee of any political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on semiautomatic weapons or large magazines and is also prohibited from participating in any federal enforcement action implementing a federal ban on semiautomatic weapons or large magazines.

In Wyoming, recently, the state house passed a similar law prohibiting such federal bans.  That bill also included criminal charges for federal agents who attempt to enforce the ban.  Both bills play a big part in nullifying unconstitutional federal acts regarding the right to keep and bear arms.


Virginia Bill Banning Law Enforcement from using Drones Heads to Governor’s Desk


The Washington Times reports that The Virginia General Assembly approved a moratorium on drone aircraft in the state, sending the legislation to Gov. Bob McDonnell’s desk.

The Senate passed their version of the bill, which advocates a blanket ban on the use of drones except where missing person searches are concerned, for the next two years. Members voted by a 40-0 vote after accepting an amendment from the House, which passed their bill, HB2012, Wednesday.

“We are pleased that it’s on the way to the governor with strong bipartisan support,” bill sponsor Delegate Benjamin L. Cline, Augusta Republican, told reporters in Charlottesville, Va. “We hope that the governor will also share our support for a breathing period to get some rules in place.”

Although the bill does not go quite as far as Delegate Todd Gilbert’s legislative push last year for a strict ban on surveillance by drones, it is a step in the right direction as far as privacy advocates are concerned.


Arizona Constitutional Tender Act Passes Senate Committee

On Wednesday, the Arizona State Senate Committee on Finance voted on Senate Bill 1439 (SB1439) on Legal Tender.

If signed into law, the bill would authorize the use of US-minted silver and gold coins – without tax penalty – in transactions within the state.

The Committee vote was 4-3. SB1439 will now to to the Senate Rules committee, which will need to approve the bill before it can go for a full vote in the State Senate.


The United States Constitution states in Article I, Section 10, “No State shall…make any Thing but gold and silver Coin a Tender in Payment of Debts.” The Constitutional tender act is a big step towards that constitutional requirement which has been ignored for a long time in every state of the country. Such a tactic would achieve the desired goal of abolishing the Federal Reserve system by attacking it from the bottom up – pulling the rug out from under it by working to make its functions irrelevant at the State and local level.


New Hampshire Hemp Freedom Act Passes House Committee,17-2

The New Hampshire Hemp Freedom Act, HB 153, passed the Criminal Justice and Public Safety Committee this week, 17-2. Next week it will go to the floor for a full house vote.

This bill would allow hemp production within the state of New Hampshire, by prohibiting the designation of industrial hemp as a controlled substance. The Controlled Substance Act listed hemp as a Schedule I drug in 1970. It is considered a crime to grow it without a government issued permit. Unfortunately, Hawaii is the only state ever to have been issued the permit, and that was back in 1999 (it has since expired). Obviously the DEA is not very forthcoming with them.

HB153 seeks to effectively nullify the federal government’s unconstitutional ban on the production of the agricultural product, hemp, by authorizing its production on the state level.

In reading the Constitution from the view of the founders, the federal government has no such authority and HB153 rests on solid ground.


South Carolina Anti-Drone Bill Introduced

South Carolina State Representatives Dan Hamilton and Greg Delleney have introduced a bill that would ensure unmanned aircraft, known as drones, would not be used for mass surveillance or to gather criminal evidence without a warrant.

Rep. Hamilton stated: “It’s a privacy issue, and it’s a Bill of Rights issue. We are protected by the Bill of Rights to not be searched on our own property without a warrant.”

H. 3514 would amend the Code of Laws of South Carolina to:

“Define necessary terms, prohibit the operation of a public unmanned aircraft system and the disclosure of personal information acquired through the operation of a public unmanned aircraft system, to provide penalties for violation, and to provide exceptions.”

In addition to requiring that surveillance and criminal investigation via drones not be conducted without a warrant, H. 3514 would mandate that individuals investigated in this manner be served a copy of the warrant within a specified time frame, except in the case of extenuating circumstances defined therein.


On 71st Anniversary of Indefinite Detention Order, SCOTUS Refuses Indefinite Detention Case

The detention of belligerents until hostilities end is not new in American history. February 19th historically bears the weight of tyrants rule in the name of national security. The War Powers Act of 1941 led the way for the internment of Japanese American citizens. Like all War Powers Acts, the President was allowed to declare an enemy and created a “legal” landscape to strip rights away.

The abuse of executive orders have occured by many presidents. President Franklin D. Roosevelt had many. In 1941 he signed 383 executive orders and in 1942 he signed 289. The Japanese attack on Pearl Harbor happened on December 7th, 1941. On December 18th of 1941, The First War Powers Act was instituted. It was established to direct departments to communicate with each other, suspended conflicting laws, and censor whatever the executive wanted.

Executive Order 8985 states, “There is hereby established the Office of Censorship, at the head of which shall be a Director of Censorship. The Director of Censorship shall cause to be censored, in his absolute discretion, communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country or which may be carried by any vessel or other means of transportation touching at any port, place, or Territory of the United States and bound to or from any foreign country, in accordance with such rules and regulations as the President shall from time to time prescribe.

By February 19th, 1942, executive order 9066 was signed by FDR. This executive order stated


Do or Die for bills to Nullify Federal Gun Laws in Tennessee

Last week, Senate Bill 250 (SB0250), the 2nd Amendment Preservation Act, was heard in the Senate Judicary committee, where Brian Kelsey presented a number of false historical statements and convinced other committee members to delay a vote on the bill. (read about them in full detail here)

A new hearing has been scheduled – and a hearing for the House companion bill has been scheduled as well. Your phone calls are needed right now to ensure that this bill can move forward. If the bill does not get out of committee, it dies.

SB0250 was introduced by Tennessee State Senator Mae Beavers, and HB0248 was introduced by Representative Sheila Butt. If passed, the bill would stop federal gun restrictions within the State.  It would nullify federal attempts to “ban, regulate, or restrict…ownership, transfer, possession, or manufacture of a firearm, a firearm accessory, or ammunition” within the State of Tennessee.

Hearings will be held in both the House and Senate on Wednesday, 02-27-13


A phone call will hold a much higher value than an email.  But take whatever action you’re able to.  Or do both – CALL and EMAIL. It’s a good step to make calls over the weekend or in the evening too. Leave a message so their offices know first thing the next AM that a large number of people support SB0250 and HB0248. In your voicemail, make sure to ask that they call you back so that you can speak to the legislator or staff directly.

1. Please Contact the Chairman of the Senate Judiciary Committee
Senator Kelsey: (615) 741-3036 or email:
Politely thank him for scheduling the hearing and allowing the bill to be debated and voted upon.  Encourage him to vote YES on SB0250 to move it to a full debate in the Tennessee Senate.

2. Please Contact the rest of the members of the Senate Judiciary Committee