The Town Sovereignty movement continues in Maine, this time with the 2nd Amendment. The Town of Millinocket has passed a 2nd Amendment Preservation Resolution. The final Town Council vote was 5-2 in favor.
Town Councilor Jimmy Busque and Michelle Anderson both explained the importance of this Resolution to those present. Busque explained the importance of the resolution and why it’s passage was required, followed by Anderson discussing the history of nullification.
The successful passage vote followed.
The Resolution text reads:
WHEREAS, in the American system, sovereignty is defined as final authority, and the People, not government, are sovereign; and
WHEREAS, the people of the State of Maine are not united with the People of the other forty-nine states that comprise the United States of America on a principle of unlimited submission to their federal government; and
WHEREAS, all power not delegated by the people to government is retained; and
WHEREAS, the People of the several States comprising the United States of America created the federal government to be their agent for certain enumerated purposes only; and
WHEREAS, the 10th Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and
WHEREAS, the 10th Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government in the Constitution of the United States, and also that which is necessary and proper to carry into execution those enumerated powers; with the rest being left to state governments or the people themselves; and
WHEREAS, the 2nd Amendment to the Constitution of the United States reads as follows, “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;” and
WHEREAS, Article 1 Section 16 of the Constitution of Maine reads as follows, “To keep and bear arms. Every citizen has a right to keep and bear arms and this right shall never be questioned;” and
WHEREAS, a bill has been introduced in the U.S. Senate by Senator Diane Feinstein titled the “Assault Weapons Ban of 2013” that bans the sale, transfer, manufacturing, and importation of certain semiautomatic firearms; and
WHEREAS, the “Assault Weapons Ban of 2013,” if passed, would be in direct violation of the 2nd and 10th Amendments to the Constitution of the United States and Article 1 Section 16 of the Constitution of Maine; and
WHEREAS, when powers are assumed by the federal government which have not been delegated to it by the People or which violate the Constitution of the United States, a nullification of the act is the rightful remedy; that without this remedy, the People of this State would be under the dominion, absolute and unlimited, of whoever might exercise this right of judgment for them.
NOW THEREFORE, BE IT RESOLVED BY THE MILLINOCKET TOWN COUNCIL:
RESOLVED, that this Resolution shall serve as a Notice and Demand to the federal government to cease and desist any and all activities, acts, laws, orders, rules or regulations regarding firearms in violation of the 2nd and 10th Amendments to the Constitution of the United States and Article 1 Section 16 of the Constitution of Maine; and, it be further
RESOLVED, that the Millinocket Town Council urges the members of the Maine Legislature who represent Millinocket to support LR 1973 [An Act To Prohibit Enforcement of Federal Laws Regarding Firearms That Are in Violation of the United States Constitution]; and, it be further
RESOLVED, that a copy of this resolution be transmitted to the members of the Maine Legislature who represent Millinocket, and to each member of this State’s Congressional delegation.
Although this is the first 2nd Amendment Preservation Resolution passed by a Maine municipality, it is not the first time a Town has used the Tenth Amendment to stand for its rights. Several towns, starting with Sedgwick, have passed Food Sovereignty Resolutions.
This comes as Maine is considering several nullification measures in the State Legislature.
LEGISLATION and TRACKING
If you would like to see model legislation to introduce in your state or local community to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.
Track the status of 2nd Amendment preservation legislation in states around the country HERE.