NV Bill to nullify indefinite detention under NDAA sent to Committee

Nevada SB 378 An Act relating to crimes; enacting the Nevada Liberty Preservation Act; providing penalties; and providing other; and providing other matters properly relating thereto was jointly sponsored and introduced by Assemblymen Gustavson, EllisonWheelerFioreDuncan, and co-sponsored by 11 other members on March 18, 2013, and sent to the Judiciary Committee.

The President of the United States has asserted that the Authorization for the Use of Military Force, Public Law 107-40, Stat. 224, enacted in 2001, authorizes the President to indefinitely detain, without charge, any person, including a citizen of the United States or a lawful resident alien, regardless of whether the person is apprehended inside or outside the borders of the United States.   Sections 1021 and 1022 of the National Defense
28 Authorization Act authorize:

(a) The indefinite detention, without charge or trial, of persons  apprehended within the United States;
(b) The prosecution by military tribunals under the law of war of persons apprehended within the United States;     
(c) The transfer to foreign jurisdictions of persons apprehended within the United States. 

Sec. 5  1. It is unlawful to:

(a) Implement or enforce or attempt to implement or enforce section 1021 or 1022 of the National Defense Authorization Act in this State; or

(b) Comply with any other statute, rule, regulation or order that has the effect of implementing or enforcing section 1021 or 1022 of the National Defense Authorization Act in this State.

2. An officer, agent or employee of the United States or an employee of a corporation providing services to the United States who violates subsection 1 is guilty of a category D felony and shall  be punished by imprisonment in the state prison for a minimum  term of not less than 1 year and a maximum term of not more than 4 years, or by a fine of not more than $10,000, or by both fine and imprisonment. 

3. A public officer or employee of this State who violates subsection 1 is guilty of a category E felony and shall be punished  by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years, or by a fine of not more than $5,000, or by both fine and  imprisonment.

The Nevada Chapters of PANDA (People Against the National Defense Authorization Act, the NDAA) have said that “Passage of the Nevada Liberty Preservation Act will demonstrate the Legislature’s commitment to Constitutional Law and Individual Libert


Lee County Florida Unanimously Passes Second Amendment Preservation Resolution

FT. MYERS, Fla. (March 25, 2013) – Last week, the Lee County, Fla. County Commission unanimously adopted a Second Amendment Preservation Resolution.

The resolution emphatically declares the county’s support for the right to bear arms protected by the Second Amendment, and calls upon the Florida legislature and governor to use their power to stop any federal infringement on that right.

“NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, that the Board formally declares its support of the Second Amendment to the Constitution of the United States; that the Board hereby affirms that it will not condone unconstitutional infringements of that right; and, that the Board calls upon the Governor and the Florida Legislature to lawfully use their powers to resist any measure that violates the right of the people of Florida and Lee County to keep and bear arms.

Members of the SWFL Citizens Alliance lead efforts to get the resolution approved.

“This is a local issue.  What is more local than the rights of the individual?  We as citizens of Lee County and the State of Florida must come together for the sake of preserving our God given liberty and natural rights.  If not us, who?” grassroots activist Brian Harris said.

SWFL Citizens Alliance also successfully spearheaded efforts to pass similar resolutions in Marco Island and Collier County. Organization officials say they are now working with the city of Naples on a Second Amendment preservation resolution.


TSA “Unlawful Contact” Criminalized in Maine Bill

How many times must we hear that line of pretended outrage “Has the TSA gone too far?” before something is done about the tormentful pat downs to which America’s most vulnerable are subjected?

Maine Representative Aaron Libby (R-Waterboro), no stranger to the Tenth Amendment Center, is sponsoring legislation to protect people from the Transportation Security Administration’s screening policy when it goes too far. LD 841 would create Class D crimes for officers who make “unlawful contact” during a security screening for access to public facilities, exempting prisons. Unlawful contact is defined in the bill as:

touching of the anus, genitals, breasts, buttocks or inner thigh directly or through clothing or touching in a manner that would be offensive to a reasonable person.

LD 841 is currently in the Criminal Justice and Public Safety Committee and has eight co-sponsors. One of them is Representative, Diane Russell, a Democrat who doesn’t expect partisanship to be an issue in advancing this legislation.


West Virginia Legislation Would Nullify Federal Gun Laws

West Virginia House Bill 2504 and its lead sponsor Delegate Justin Marcum need your help.

After introduction, the bill was referred to the House Judiciary Committee and it has not progressed since.

The legislation would stop federal gun control “laws” at the state border.

The Second Amendment reads: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed(Emphasis added)

The Second Amendment applies to the federal government, therefore any infringement is a violation and is addressed by the text of Marcum’s bill, which simply states that:

“all future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; …”

 This bill, if passed, would nullify any federal gun control bill limiting the citizens of West Virginia access to firearms, ammunition and accessories. The legislation would also make it a felony to try to implement it in West Virginia by:


North Carolina Introduces Bill to Regulate Usage of Drones

The Preserving Privacy Act of 2013, introduced into the North Carolina General Assembly by Representative Setzer, regulates the usage of drones strictly for the purpose of conducting warranted searches.

The introduction of this bill is rather timely in light of the increased scrutiny on drones after Rand Paul’s Senate filibuster.

“It shall be unlawful for any person or municipal, county, or State law enforcement agency to use a drone for the purpose of gathering evidence or other information or data pertaining to criminal conduct or conduct in violation of a statute or rule,” subsection (b) of the bill reads. “A person or municipal, county, or State law enforcement agency may use a drone for purposes other than gathering evidence or other information or data pertaining to criminal conduct or conduct in violation of a statute or rule, but any information or data acquired from the use of the drone shall not be disclosed and shall be inadmissible in any criminal, civil, or administrative proceeding.”

If a drone is needed to prevent imminent harm to life, serious damage to property, or the imminent escape of a suspect, H.B. 312 exempts from regulation any municipal, county, or state law enforcement agency with authorization from a search warrant.

The bill requires that: