Missouri 2nd Amendment Preservation Act One Step Away from the Governor’s Desk

“The Second Amendment Preservation Act” successfully made its way through a Missouri State Senate Committee on Wednesday, bringing the state ever closer to protecting the natural rights of their citizens.

HB 436 was passed by a Senate Committee on a 4-1 vote. The bill was already passed by a strong veto-proof majority in the State House. It now awaits a full vote in the State Senate before it is fully passed and sent to the governor.

UPDATED 04-26 We’ve been informed that the Senate committee removed an unrelated amendment that the house inserted, so after passing the full senate it will first go back to the House for concurrence, then to the governor’s desk.

If passed into law, HB436 would nullify virtually every federal gun control measure on the books – or planned for the future.   It reads, in part:

All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

The bill also does a service of providing the State Legislature and the public-at-large with a history lesson that is particularly appreciated by Tenthers, saying, “The limitation of the federal government’s power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.”

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California Anti-Drone Bill Advances To Assembly Floor

California’s state legislature, like many around the nation, is grappling with the issue of privacy in the face of the growing demand by law enforcement to use drones to combat criminal activity.

AB 1327  introduced by Jeff Gorell (R-Camarillo) would require law enforcement agencies to obtain a warrant before using an unmanned aerial system to collect evidence relating to criminal activity.

The bill was approved by the state Assembly’s Public Safety Committee on Tuesday.

Among other safeguards, the bill  would require law enforcement agencies to obtain a warrant based on probable cause before using a drone to collect evidence. Exceptions would include emergencies such as a hostage crisis, fire, hot pursuit of a suspected criminal or search-and-rescue operation over land or water. It would allow cities and counties to enact more restrictive policies if they choose to do so.

Gorell described the bill as “pretty restrictive.”

AB1327 would also require that public agencies permanently destroy all data and images collected by an unmanned aerial device within 10 days unless required as evidence of a crime or as part of a court order. A person who is subject to surveillance without consent may seek and obtain an injunction prohibiting the use of images, footage, or data related to the person that was obtained through the surveillance, and would provide for the awarding of liquidated damages of five thousand dollars ($5,000) for each day of surveillance and any actual damages in excess of that amount.

Unmanned systems are most commonly known for their use by the military and this  is not lost on Gorell. He served as a naval targeting officer in Afghanistan.

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Proof is in the Pot

Nullification works!

As Tenth Amendment Center founder and executive director Michael Boldin often says on Tenther Radio, the feds always need state and local law enforcement. Every drug raid ends with a DEA press release thanking state or local law enforcement for its cooperation.

The feds simply don’t have the resources or manpower to enforce all of their acts.

Judge Napolitano states, “State non-compliance makes federal enforcement almost nearly impossible.”

But don’t believe nullification works just because Michael Boldin says so! Don’t buy into it just because Judge Napolitano agrees.

The DEA says so too!

The Huffington Post reports that the DEA is trying desperately to justify its budget. How can they do their job if states won’t enforce their federal “laws?” Who will destroy the weed?

In California, several nullification bills addressing medical marijuana were signed into law. In 1996, Proposition 215, or the Compassionate Use Act, was enacted after a 56 percent state-wide vote in favor. This bill  allowed patients with a valid doctor’s recommendation, and the patient’s designated Primary Caregiver’s approval, to possess and cultivate marijuana for personal medical use. Since then, the program has been expanded to protect a growing system of collective and cooperative distribution.

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Missouri House Passes Firearms Freedom Act by a Veto-Proof Majority

Moments ago, Missouri House Bill 170, the Firearms Freedom Act, passed out of the House by a wide margin.  It passed overwhelmingly with a strong veto-proof margin and will now move to the State Senate for concurrence.  The final tally was 117-41.

HB170, the Firearms Freedom Act, protects two aspects of the right to bear arms: 1. HB170 protects semi-automatic firearms, magazines, and accessories from being registered, restricted or banned; 2: HB170 protects manufacturers from the federal governments infringements and dealers from using a national background database.  It reads, in part:

“It shall be unlawful for any officer or employee of this state, or any political subdivision, or any federal firearms dealer licensed under 18 U.S.C. Section 923 to enforce or attempt to enforce any act, law, statute, rule, or regulation of the federal government created or effective on or after January 1, 2013, relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the boundaries of the state of Missouri.

2. Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government created or effective on or after January 1, 2013, upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.

3. Any person in violation of a federal law created or effective on or after January 1, 2013, relating to the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition owned or manufactured and retained exclusively within the boundaries of the state of Missouri may request the attorney general to defend him or her for such violation.

4. Any federal law created or effective on or after January 1, 2013, rule, regulation, or order created or effective on or after January 1, 2013, shall be unenforceable in the state of Missouri if the law, rule, regulation, or order attempts to: (1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or (2) Require any firearm, magazine, or other firearm accessory to be registered in any manner.”  (emphasis added)

In short, any such federal “acts, laws, statutes, rules or regulations” that are already in effect or are passed in the future shall be nullified.  This would effectively create a safe-haven for firearms manufacturers who want to build products that are sold to residents in Missouri.     It also includes a statewide ban on any federal attempt to ban or restrict semi-automatics (including magazines and accessories)  This bill is a great companion for HB436, the 2nd Amendment Preservation Act, which already passed the House and is on its way to the Senate Floor in the coming days.

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Action Alert: North Carolina Firearms Freedom Act

North Carolina House Bill 518, the Firearms Freedom Act, is still in the Judiciary Committee. This bill needs to be voted on soon so it can continue to move forward in the House.

As we see many firearm manufacturers threaten to leave states that are making oppressive gun legislation, bills such as H518 are going to encourage those manufacturers to move to North Carolina. This bill would provide much need jobs, regulate intrastate commerce and provide a safe haven for manufacturers.  HB518 is welcome mat to come to North Carolina.

Passing H518 promotes job growth and protects firearms within the state of North Carolina. Your help is needed to move this bill forward out of committee.

ACTION ITEMS for House Bill 518

1. Contact the Chairman of the Judiciary Committee.  Politely request that he schedule a hearing and vote on H518.  Encourage him to vote YES to protect your right to keep and bear arms.

Contact information here:
Leo Daughtry 919-733-5605 Leo.Daughtry@ncleg.net 

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Bloomberg Knows What Goering Knew

In a move that had to have made Rahm Emanuel proud,  New York Nanny Michael Bloomberg took the opportunity afforded by the Boston Marathon bombing to call for more centralized power at the expense of the Constitution.

For your security, of course.

“The people who are worried about privacy have a legitimate worry. But we live in a complex world where you’re going to have to have a level of security greater than you did back in the olden days, if you will. And our laws and our interpretation of the Constitution, I think, have to change,” Bloomberg said during a press conference. “Look, we live in a very dangerous world. We know there are people who want to take away our freedoms. New Yorkers probably know that as much if not more than anybody else after the terrible tragedy of 9/11.”

So, we need to “reinterpret” and presumably relax constitutional  limits placed on government intended to protect individual liberty in order to prevent “terrorists” from taking away our freedoms.

Well, that approach certainly does save the terrorists the trouble!

Look, Bloomberg’s comments come as no surprise. What do you expect from a narcissistic busy-body with a messiah complex? This is what megalomaniacal, power-hungry politicians do: look for ways to convince you that you need to give up power to them, because they know better than you!

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ACTION ALERT South Carolina Freedon of Health Care Protection Act of 2013, H3101

ACTION ITEMS

The South Carolina Freedom of Health Care Protection Act of 2013, H.3101, needs your support for full passage.H.3101 will be voted on, before the entire South Carolina House of Representatives, in Columbia

1. If you live in South Carolina, call your state representative, and let him know you want H.3101 passed. Remind him that his obligation lies with the people of South Carolina, and the Constitution, not an out of control central government, and that he has a duty to interpose and protect the people he serves. You can findcontact information HERE. Here a shorter list of the members of the SC House of Representatives that control your family’s fate in being protected from Obamacare in SC.

Kris Crawford, Phillip Lowe, Bobby Harrell, Kenny Bingham, Rick Quinn, Shannon Riley, Tommy Pope, Nathan Ballentine, Bruce Bannister, Liston Barfield, Don Bowen,
Doug Brannon, Derham Cole, Tracy Edge, Ray Felder, Kirkman Finlay, Mike Forrester, Craig Gagnon, Mike Gambrell, Wayne George, Bill Herbkersman, David Hiott, Bill Hixon,
Ralph Kennedy, Chip Limehouse, Jay Lucas, Peter McCoy, James Merrill, Weston Newton, Andy Patrick, Samuel Rivers, Mike Ryhal, Bill Sandifer, Gary Simrill, B.R. Skelton, Murrell Smith, Roland Smith, Mike Sottile, Edward Southard, Kit Spires, Anne Thayer, Brian White

They are the swing votes that will either pass or kill H.3101 our bill to nullify Obamacare. There are a lot of names people….Currently we may not have the votes needed to pass H.3101.

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Congress Exploits Our Fears to Take Our Liberty

by Ron Paul

Last week, as Americans were horrified by the attacks in Boston, both houses of Congress considered legislation undermining our liberty in the name of “safety.” Gun control continued to be the focus of the Senate, where an amendment expanding federal “background checks” to gun show sales and other private transfers dominated the debate. While the background check amendment failed to pass, proponents of gun control have made it clear they will continue their efforts to enact new restrictions on gun ownership into law.

While it did not receive nearly as much attention as the debate on gun control, the House of Representatives passed legislation with significant implications for individual liberty: the Cyber Intelligence Sharing and Protection Act (CISPA). CISPA proponents claim that the legislation is necessary to protect Americans from foreign “cyber terrorists,” but the real effect of this bill will be to further erode Americans’ online privacy.

Under CISPA, Internet corporations are authorized to hand over the private information of American citizens to federal agents, as long as they can justify the violation of your privacy in the name of protecting “cyber security”. Among the items that may be shared are your e-mails, browsing history, and online transactions.

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Louisiana House Votes to Nullify Federal Gun Control, 67-25

Baton Rouge, La. (April 23, 2013) – Today, the Louisiana State House voted to approve House Bill 5 (HB5), the Louisiana Preservation of Individual Gun Rights of Citizens Act. If passed into law, the bill would make it 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 would “Ban or restrict the ownership or possession of a semi-automatic firearm, or any magazine, accessory, or ammunition for a semi-automatic firearm” or “Require that any semi-automatic firearm, magazine, accessory, or ammunition for a semi-automatic firearm be registered in any manner.”

The final tally was 67-25. (roll call here)

To make the case, the bill cites both the federal and state constitutions. It reads, in part: “The Louisiana Legislature hereby finds and declares that the right to keep and bear arms is constitutionally protected by both the federal and state constitutions. The provisions of this Part are designed to preserve those rights for Louisiana citizens.”

In a sharp debate before the final vote, Representative Hunter brought forth an amendment which would have fundamentally changed the intent and purpose of the bill. The amendment would have made sure, in Hunter’s own words, that is “does not take effect until there’s a ruling by the supreme court.” In other words, we’ll pass this, but wait for permission from the courts to exercise our rights.

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