Wyoming Firearms Protection Act Advances in State Senate

HB104, the Wyoming Firearms Protection Act cleared the Senate Judiciary Committee Wednesday and will now move to the full Senate for debate and vote.

The measure passed the House 46-13 recently. The bill passed by the House also included criminal penalties for federal agents who violate the proposed state law. The Senate Judiciary Committee struck those provisions to gain concurrence and move the bill forward. The amendment does call on the state Attorney General to defend a person’s right to keep and bear arms, and the Senate version of the bill would prohibit the state or any of its agencies from complying with federal acts that violate the Firearms Protection Act.

House sponsor Rep. Kendell Kroeker expressed some disappointment with the Senate committee action, but remained positive. He said that there are still opportunities to get the full, original version of his bill passed into law.

“Please e-mail the Senate and ask them to give the bill time to be heard on the floor and to remove the committee amendment and restore the bill to its original purpose,” he said. “If it passes the Senate in its amended form, the House will have to vote to accept the changes. If we do not accept the changes, it will go to a conference committee. So there is still the possibility it can be fixed, but it would be best to get it fixed before it comes out of the Senate.”

Tenth Amendment Center communications director Mike Maharrey said he’d like to see the criminal penalties reinstated, but even the amended version of the bill would have some serious impact.

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Oregon Lawmaker Introduces Tough Second Amendment Protection Act

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.

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Nebraska’s Freedom from Unwarranted Surveillance Act

Nebraska state senator Paul Schumacher has introduced the “Freedom from Unwarranted Surveillance Act.”  In summary:

  1. “A law enforcement agency shall not use a drone to gather evidence or other information.” (section 3)
  2. This prohibition does not apply to efforts to “counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.” (section 4)
  3. “An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation” (section 5)
  4. “Evidence obtained or collected in violation of the Freedom from Unwarranted Surveillance Act is not admissible as evidence in a criminal prosecution” (section 6)

At first pass this sounds like a good bill that makes an effort to defend the protections assured us in the bill of rights.  The bill does afford some well desired protections, but leaves holes that are far too big, and hands over state sovereignty to the federal government.  There are a few positive points to the bill, but some negative ones as well.

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Judge Napolitano: Will States’ Nullification Of Federal Gun Control Laws Hold Up In Court?

Judge Andrew Napolitano weighed in on the push by nine states to pass laws to block the federal government from restricting gun ownership. State lawmakers are anticipating some sort of gun control legislation to be passed at the federal level, possibly an assault weapons ban. The proposals argue that guns made and kept within a state’s borders should not be federally regulated.

Here’s more background from FoxNews.com:

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Minnesota Firearms Protection Act Introduced

The race between individual liberty and government intervention is tightening up on the issue of guns. Bans, registers, limitations, and regulations emanating from Washington, D.C. are up against resistance from at least two dozen states entertaining bills which would nullify federal infringement on the 2nd Amendment. State Representative Steve Drazkowski is making Minnesota the next challenger to gun control advocates with the Firearm Protection Act, a.k.a. HF 419.

Minnesota is not a haven for gun owners. The Democratic-Farmer-Labor Party holds majorities in both legislative houses and the office of Governor. State Rep. Drazkowski, a Republican, has garnered 21 co-authors but none are Democrats who at the same time are introducing similar policies to those recommended by President Obama. HF 419 or SF 400 as it is numbered in the Minnesota Senate covers:

any new federal law designed to ban or limit any personal firearm, magazine, accessory, or ammunition or to require the registration of any firearm or firearm owner shall be unenforceable; providing for criminal penalties;

Rep. Drazkowski has been quoted saying, “Our citizens have a Constitutionally protected right to bear arms in the 2nd Amendment, and legislators have a duty as described in the 10th Amendment to ensure that our citizens’ liberties are not taken from them by the federal government.” This line might be useful for those moved to contact their legislators. It’s going to take all the lobbying the citizens of Minnesota can muster to get past the partisan rhetoric heard on the national stage.

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Do or Die for NDAA Nullification Bill in Arizona

First off, thank you everyone that participated in calling and emailing House Representatives to get HB2573 – NDAA Nullification scheduled to a committee – it worked!!

The Liberty Preservation Act to stop NDAA “indefinite detention” in Arizona has been scheduled for a hearing this Thursday, 02/21/2013. The hearing will be at 8am in the Judiciary House Committee Room HHR4 

The bill needs your immediate support to move forward – phone calls should be made right away!

Please contact all committee members to express your support for this legislation. We urge you to CALL.  Email is better than nothing, but when a hearing is up on short notice, a phone call has far more impact.

Strongly, but respectfully, inform the committee members that you will accept nothing less than a YES vote on HB2573, which will allow the full state house to debate and vote on it as well.

You can call in the evenings as well. If you reach their voicemail, leave a message so their offices know first thing the next business morning that a large number of people support HB2573. In your voicemail, make sure to ask that they call you back so that you can speak to the legislator or staff directly.

ACTION ITEMS
for HB2573, Judiciary Committee

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Oklahoma House Committee Passes Obamacare Nullification, 7-3

Today, the Oklahoma House committee on Public health and safety had a hearing on House Bill 1021 (HB1021), introduced by State Representative Mike Ritze. The bill would declare unconstitutional the Patient Protection and Affordable Care Act, AKA Obamacare – and require the state legislature to “adopt and enact any and all measures as may be necessary to prevent” its enforcement within the State.

After some sharp discussion and debate, the committee passed the bill by a vote of 7-3. HB1021 will now be sent to the Calendar committee which will need to approve the bill before sending it to the full Oklahoma State House for a floor debate and vote. (action items below)

Ritze’s bill — HB 1021 — declares that the Patient Protection and Affordable Care Act, as well as the Health Care and Education Reconciliation Act of 2010:

are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers, and are hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

Mark Kreslins, Executive Director for Oklahoma Liberty, an organization backing HB1021 around the state, was supportive of the committee vote. He said, “Today was a good day for liberty in Oklahoma and a good day for liberty over all. Now the real fight begins to have this bill heard on the house floor. Based on the response from thousands of Oklahomans they want this bill heard.”

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Montana NDAA Nullification Bill up for a Committee Hearing and Vote

The Liberty Preservation Act to stop NDAA “indefinite detention” in the State of Montana has been scheduled for a hearing on 02/20/2013.  The hearing will be at 8am in the House Judiciary Committee.  The bill needs your immediate support to move forward – phone calls should be made right away, even if that means leaving a voice mail after hours.

Please contact all committee members to express your support for this legislation.  We urge you to CALL only, as email will likely not have an impact at this late time.  Strongly, but respectfully, inform the committee members that you will accept nothing less than a YES vote on HB522, which will allow the full state house to debate and vote on it as well.

You can call in the evening as well.  If you reach their voicemail, leave a message so their offices know first thing the next business morning that a large number of people support HB522. In your voicemail, make sure to ask that they call you back so that you can speak to the legislator or staff directly.

ACTION ITEMS

1. Call the Chairman, and Vice-Chairs
Thank them for allowing a hearing on HB0558 and strongly, but respectfully, urge them to vote yes to allow the bill a debate and vote in the full State house:

Krayton Kerns, chair
Phone: (406) 697-6449

Gerald (Jerry) Bennett, vice-chair
Phone: (406) 293-7012

Margaret (Margie) MacDonald, vice-chair
Phone: (406) 698-4917

2. Call the other Members of the Committee.  Strongly, but respectfully, urge them

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Dear Legislator: Will You Do Your Duty?

The following was submitted to the Colorado House Committee on State, Veterans, & Military Affairs  in support of HB13-1045. The legislation would block federal indefinite detention without due process in Colorado. The committee passed the bill on 02-17-13 by a 7-4 vote. It will now go to the full Colorado state house for debate and vote as well.

The Tenth Amendment Center began championing state interposition to block federal kidnapping powers written in the National Defense Authorization Act of 2012 soon after its passage.

Now, some people will accuse me of hyperbole when I use the term “kidnapping.” But what else do you call it when a person, or group of people, drags somebody away against their will without any charges, without any due process, and locks them up? We call that kidnapping, and it doesn’t become acceptable simply because agents in government uniforms carry out the act.

When Congress passed the Sedition Act making it a crime to criticize the federal government, and President John Adams signed it into law in 1798, James Madison argued that “in case of a deliberate, palpable, and dangerous exercise of other powers” not granted by the Constitution, the states “have the right, and are in duty bound, to interpose for arresting the progress of the evil.”

What can be more evil than denying a person on American soil basic due process rights on the mere accusation of the president or one of his agents and locking them up without charges until the end of a war with no defined ending?

Notice the language Madison used. He didn’t say, “You might want to consider stepping in.” He didn’t say it would be a good idea if maybe you do something. No. He said it is your duty.

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League City, Texas passes gun protections resolution

On February 12, the city council of League City, Texas passed Resolution No. 2013 designed to protect and defend the right to keep and bear arms by a vote of 7 to 1. The resolution was introduced by councilwoman Heidi Thiess and the one opposition vote was casted by councilman Dennis O’Keefe.

The resolution cited from the U.S. Constitution the Second, Ninth and Tenth Amendments as justification for their resolution.  The League City Council also sourced the Texas Constitution, Article I: Section 23a which states, “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the state.”

The resolution is also very specific detailing that any law is not made in pursuance of the Constitution is invalid in the State of Texas and will be considered null and void in their city.

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