Idaho House Approves 2nd Amendment Preservation Act, 55-13

BOISE  (March 11, 2013) – In Idaho today, the State House of Representatives voted to nullify federal gun laws, rule, regulations and orders on semiautomatic firearms, or any firearm magazine, plus any federal registration on all firearms, magazines, or other firearm accessories.

House Bill 219 (HB0219), introduced by 22 sponsors, takes the extremely important step in a full prohibition on all state and local enforcement of federal gun laws, rules, regulations or orders on firearms, accessories and ammunition owned or manufactured in the states.  It reads, in part:

Any official, agent or employee of the state of Idaho or a political subdivision thereof who knowingly and willfully enforces or orders an official, agent or employee of the state of Idaho or a political subdivision of the state to en- force any order, law, rule or regulation of the United States government as provided in subsection (2) of this section upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Idaho shall be guilty of a misdemeanor and shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), shall be subject to imprisonment for a period not to exceed one (1) year, or shall be subject to both such fine and imprisonment.

The Idaho House passed the bill by a vote of 55-13 (see how reps voted here)

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Success: Grassroots Pressure Moves Arizona 2nd Amendment Preservation Act Forward

Today, the Arizona State Senate Rules Committee held a vote on Senate Bill 1112 (SB1112), the 2nd Amendment Preservation Act. The bill would nullify federal attacks on the 2nd Amendment and the right to keep and bear arms. It reads, in part:

B. AN OFFICIAL, AGENT OR EMPLOYEE OF THE UNITED STATES GOVERNMENT SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE ANY ACT, ORDER, LAW, STATUTE, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT RELATING TO A PERSONAL FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN THIS STATE AND THAT REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.

The bill also requires state interposition to enforce the act via criminal charges for federal agents in violation:

E. A PERSON WHO VIOLATES SUBSECTION B OF THIS SECTION IS GUILTY OF A CLASS 6 FELONY.

The bill passed out of the public safety committee by a 4-2 vote in late January, and wasn’t brought to a hearing in the Rules Committee (which needs to vote YES on the bill before a full Senate vote can happen) until this afternoon.

Sources close to the Tenth Amendment Center inside the Capitol had learned late last week that two powerful Republican Senators, Adam Driggs and John McComish, we going to kill the bill by voting NO in the rules committee. Their concern? They had taken the position that nullifying unconstitutional federal gun laws with this bill would be “unconstitutional.”

After an urgent action alert sent out by the Tenth Amendment Center this past weekend, a number of grassroots activists started calling both Senators to let them know that they would demand nothing less than a YES vote on SB1112.

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The Nashville, TN Nullify Obamacare Medicaid Expansion Rally

Sunday March 10 Nashville, Tennessee, speakers from all around brought attention to Tennessee the faults and troubles of the Obamacare Medicaid Expansion.

Sparking off the rally was host, Michael Lofti, Secretary of the Tennessee Libertarian Party and owner the thelibertypaper.org. He started off by saying, Tennessee is a red state. So how are we up here? You can blame Obama and the democrats, but why are we up here. We are up here because even the Tennessee Republicans have been swept up into the bribes that the federal government is promising in the expansion of Medicaid. It is up to the people of Tennessee, through House Bill 937 and Senate Bill 804 to stop it!

House Rep Jeremy Durham spoke next. Representative Durham is the sponsor of HB 937. HB 937 states,

Notwithstanding any provision of law to the contrary, the state shall not establish, facilitate, implement, or participate in any new expansion of the medical assistance program, also known as the Medicaid program, pursuant to the Patient – 3 – 002738 Protection and Affordable Care Act, Public Law 111-148, as amended, as interpreted by the United States Supreme Court in National Federation of Independent Business v. Sebelius, to be unconstitutional when applied to states as a mandatory expansion. The state is prohibited from amending the state plan or any federal waiver under title XIX of the federal Social Security Act in order to effectuate any such expansion of the Medicaid or TennCare program in this state.

In his speech, Rep. Durham said, the implementing Obamacare will put is right back in that same fiscal crisis Tenncare put Tennessee in 8 years ago. Many people had to be cut from the rolls to make the program solvent. Currently, under the new Medicaid plan 47,000 people are already eligible. “It’s not at the 90% or 100% matching rate (the amount the state has to match the cost to the federal government). This is at the regular matching rate. In first fiscal year we’d be on the hook for 137 and half million we’d be on the hook for and we cannot do anything about. I’m sure everyone will be shocked if you don’t already know, there is also a federal exize tax associated with Obamacare. Basically, all the insurance premiums and revenue generated across the country even state run programs have to pay a pro-rated tax. It basically would cost 50 million dollars in Tennessee. So if we grow Tenncare, that tax goes up. It’s just another reason not to expand Medicaid.”

He continued, “Hospitals and other interest groups are talking to legislators trying to convince them of all the horrible things will happen if we don’t expand Medicaid. They are good at what they do. There are always well intended reasons and well intended groups that will suggesting us to abandon our principles contrary to sound conservative judgement. That’s how we got in the fiscal straights we are in today. It is extremely important that we stop using that mindset and we say no.”

US Congressman Scott Desjarlais was up next to speak. “We are on a slipper slope and it’s putting us in the wrong direction. The health care act in general, lets just go back about four years, about 64% of us didn’t want it, we didn’t ask for it, and we can’t afford it. This bill is about one of the poorest pieces of legislation written in a long, long time. It’s almost as if they passed it without reading it. There are a lot of mistakes in this bill, and they knew it. They had to rush this bill through in the middle of the night, the day before Christmas.

He continued, “It has some fundamental flaws. One of which is the federal and state exchanges. I applaud the governor for making the first step in helping strike down a bad health care law by refusing to set up a state exchange, and I’ll tell you why that is important. When they started rolling out Obamacare, or the Affordable Health Care Act, or let’s just call it for what it is, the Socialization of our healthcare. This was not very popular among the states. It was because it was a federal takeover of our health care system. So when they start pushing the federal exchanges there was a lot of pushback from the people.”

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Tennessee State House and Senate Working To Stop Indefinite Detention

Two bills have been introduced in the Tennessee legislature to stop the indefinite detention provisions of the 2012 National Defense Authorization Act from being complied with by local and state law enforcement officials.

House Bill 1059 and Senate Bill 1290 were introduced on Feb. 11 and Feb. 14, respectively. They were referred to the State Government Committee and Senate Judiciary Committee where they currently await further action. HB 1059 was sponsored by Rep. Rogers (R-Goodlettsville) with seven more House members adding their support. SB 1290 was sponsored by Sen. Summerville (R-Dickson).

HB 1059 says, “Notwithstanding any law to the contrary, no agency of this state, political subdivision acting in his or her official capacity, member of the Tennessee National Guard on official state duty or member of the Tennessee state guard and civil air patrol shall aid an agency of the armed forces in any investigation, prosecution or detention of any United States citizen pursuant to section 1021 of the national defense authorization act of fiscal year 2012.” The Senate Bill contains the same text.

Although these bills do not interpose any criminal penalties for feds who try to kidnap Americans without proper legal protections, they do get the incredibly important idea of non-compliance to federal laws out there to Tennesseans. These bills are a firm stand against the dangerous idea promulgated all too often that the states wield nothing more than vestigial power and are meant to acquiesce to whatever their federal masters dictate to them, no matter how obviously unjust it is.

Sadly, there are still many voices of the soon-to-be obsolete political establishment spewing the same old tired nonsense in opposition. A great example of this is Tennessee State House Democratic Caucus Chairman Mike Turner. He said to the Knoxville News Sentinel that “[Republicans and Democrats] need to show some courage to put these extremists in line. … There are extremists in both political parties. A lot of their extremists got elected to the Legislature. Our extremists didn’t get elected to the Legislature.”

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Florida County Fights Back Against Federal Gun Grabbers

Collier County, Florida has taken measures to protect the safety and security of its citizens, passing a resolution that will nullify any federal gun control measures in that county.

The resolution was passed on Feb. 26 with a unanimous vote and declares ‘that no county resources be used in the implementation of any Federal law, executive order or executive directive that infringe on the right to keep and bear arms.”

The resolution also calls for the state government to follow their lead and be vigilant in defending the liberties of Floridians saying, “The Collier County Board of Commissioners calls upon the Governor and the Florida Legislature to immediately pass an act to nullify the implementation within the State of Florida of any Federal law, executive order or regulations restricting the right to keep and bear arms.”

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New Maryland Bill Would Nullify Unconstitutional Federal Laws on Marijuana

On Feb. 21, Maryland Delegate Curt Anderson introduced a bill that would allow the state to regulate marijuana like alcohol. HB 1453, was referred to the Rules and Executive Nominations committee.

Like Washington and Colorado did in 2012, federal marijuana laws within the borders of Maryland would be nullified.

Described as an Act concerning Criminal Law – Marijuana – Regulation, Penalties, and Taxation, HB 1453 reads in part:

(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A PERSON WHO IS 21 YEARS OF AGE OR OLDER IS EXEMPT FROM ARREST, CIVIL OR CRIMINAL PENALTY, SEIZURE OR FORFEITURE OF ASSETS, DISCIPLINE BY A STATE OR LOCAL LICENSING BOARD, AND STATE PROSECUTION FOR THE FOLLOWING ACTS:
(1) ACTUALLY AND CONSTRUCTIVELY USING, OBTAINING, PURCHASING, TRANSPORTING, OR POSSESSING:

(I) 1 OUNCE OR LESS OF MARIJUANA AND THREE OR FEWER MARIJUANA SEEDLINGS OR CUTTINGS; OR

(II) A MIXTURE OR PREPARATION OF MARIJUANA, INCLUDING 5 GRAMS OR LESS OF HASHISH, 16 OUNCES OF MARIJUANA–INFUSED PRODUCT IN SOLID FORM, OR 72 OUNCES OF MARIJUANA–INFUSED PRODUCT IN LIQUID FORM, AND THREE OR FEWER MARIJUANA SEEDLINGS OR CUTTINGS;

Delegate Anderson’s legislation taxes $50 per ounce of marijuana and licenses as well as regulates the cultivators, distributors, wholesalers, and retailers. Collections go to substance abuse prevention programs. HB 1453 has garnered three co-sponsors, Delegates Jill Carter, Cheryl Glenn, and Nathaniel Oaks, all Democrats. Both the House and State Senate are 2/3 controlled by the Democratic Party, but this bill cannot be expected to pass on partisan lines.

Saying no to the unconstitutional War on Drugs, or marijuana prohibition at the very least, and reasserting control at the state level, where it belongs, is the duty of all legislators regardless of affiliation.

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