Representative Jim Morse introduced HB5 this year in response to the newly sought “assault weapons” ban from Diane Feinstein and other threat to prohibit “weapons of war” from the White House Administration.
Any federal law, rule, regulation, or executive order adopted or enacted on or after January 1, 2013, shall be unenforceable within the borders of the state of Louisiana if the law, rule, regulation, or executive order attempts to do any of the following:
(1) Ban or restrict the ownership or possession of a semi-automatic firearm, or any magazine, accessory, or ammunition for a semi-automatic firearm, as defined by federal law.
(2) Require that any semi-automatic firearm, magazine, accessory, or ammunition for a semi-automatic firearm be registered in any manner. The provisions of this Section shall only apply to semi-automatic firearms, magazines, accessories, and ammunition for such firearms which are owned or possessed within the state of Louisiana and remain exclusively within the borders of the state of Louisiana.”
The local and state police are prohibited from enforcing any federal law in violation.
“It shall be unlawful for any official, agent, or employee of the United States government to enforce or attempt to enforce a federal law, rule, regulation, or executive order which is unenforceable”
This law provides that,
“Whoever violates the provisions of this Section shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than two years, or both.
The office of the attorney general of the state of Louisiana shall defend any Louisiana citizen who is charged with possession or ownership of a semi-automatic firearm, magazine, accessory, or ammunition for such firearm in violation of any federal law, rule, regulation, or executive order which is unenforceable”
This bill passed the House Committee on Administration of Criminal Justice with a vote of 8-6. This bill now heads to the floor for a vote on April 23. In an article from The Advocate, Jim Morris said, “This is not only a timely bill, but proper bill to bring.”
Certain firearms, such as the AR-15 and AK-47 are commonly demonized into those arbitrary definitions like “assault weapon”, or “weapon of war.” Or those firearms are defined loosely and incorrectly as high powered. Regardless, the Constitution delegates no authority to the federal government to regulate or ban certain types of firearms. And the Second Amendment further restricts federal action. The feds cannot infringe on the right to keep an bear arms, even in the process of exercising legitimate powers, such as regulating interstate commerce.
Many opponents had a poor concept of the Supremacy Clause. They forget that very important part of the Supremacy Clause: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof.” Tom Woods breaks this down beautifully, here. It doesn’t matter what state puts nullification bills in, this is the most common argument. But it’s completely false. Any laws not made in pursuance to the Constitution are void, null, nothing!
Former State Police officer, Representative Terry Landry stated, “What’s next? We are going to secede from our country? What do we hope to accomplish by telling the federal government you can’t come in and enforce laws?”
Terry, bills like this and other nullification bills will accomplish many things.
1. It calls the feds bluff. Without state resources, the federal government will have to do the dirty work themselves. They don’t have the money or the personel to do it. And then when their goals aren’t met, they have a lot of explaining to do to justify their budget.
2. Since the states won’t enforce unconstitutional laws and the feds lack the resources, nullification will virtually stop federal usurpations.
3. Bills like this educate the public on how to defend against federal usurpation (that includes you too Terry). Things like supremacy clause, the 2nd Amendment, the 9th Amendment, the 10th Amendment, the Virginia and Kentucky resolutions, and the Federalist Papers.
4. It doesn’t underestimate the public’s intelligence. “Assault weapons” and “weapons of war” are just media created words that hold no meaning. An adjustable stock and other superficial military looks doesn’t make a firearm more dangerous. This bill is in reaction to federal laws that want to make the public falsely believe we can legislate evil away but will instead criminalize law abiding citizens.
5. It promotes grassroots activism. Since public servants like you will not be duty bound to disobey unlawful laws and preserve the Constitution like your oath states, we will bind your hands! No need to thank us! Don’t want you to be seen anymore derelict in duty! We will stand here all day ringing that alarm. Have you seen Federalist 46? “But ambitious encroachments of the federal government, on the authority of the State governments, would not excite the opposition of a single State, or of a few States only. They would be signals of general alarm. Every government would espouse the common cause. A correspondence would be opened. Plans of resistance would be concerted. One spirit would animate and conduct the whole.”
Louisiana, your fight isn’t over to preserve the 2nd Amendment. Your help is needed.
Call and email your representative. This bill goes to the floor in less than a week away. Contact your representative before April 23rd! Tell him or her politely but strongly to vote YES on HB5.
Click here to find your representative.
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Also introduce legislation in your city, county and town council. Click here for model legislation.