Texas Action Alert: 2nd Gun Control Nullification Bill Hits the House Floor on Saturday

Joining HB1076 for a full Texas State House vote on SATURDAY, May 4th, is HB928. Both are based on the same principle – that no one working for government in the state of Texas will enforce federal gun control measures. 1076 focuses only on new federal gun control enacted on or after January 1, 2013. But HB928 makes no distinction – and virtually all federal gun control measures will be unenforceable within the state of Texas.

This would make a HUGE dent in any new federal effort to further restrict the right to keep and bear arms in Texas.As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). And in those limited situations where enforcement does occur, Rosa Parks has taught us all the power of “NO!”  Passage of HB928 would mark the beginning of the end of federal gun control measures in Texas.  HB928 also provides for a mechanism to ensure that local governments don’t decide to start helping out the Feds – state grant monies would be withdrawn from those localities that assist federal gun control.

Quite simply, the federal government absolutely cannot enforce gun control in Texas without the help of Texas.


Since the vote is on Saturday, make a CALL – emails won’t have impact. Call after business hours if you have to – and leave a message. Any and every phone call will help move this bill forward.

1. Call your STATE Representative and ask them to vote YES on HB928


2.  share this information widely.  Post it in groups, send by emails, copy to your blog and send to your friends.  Get the word out!


Sam Brownback Brushes off Eric Holder’s Opinions on 2nd Amendment Protection Act

Today, Kansas Governor Sam Brownback sent a letter in response to Eric Holder’s direct threat against the state for its new law, the 2nd Amendment Protection Act.  It reads, in part:

The State of Kansas is in receipt of your letter in which you place Kansas on notice regarding the view of the Obama Administration concerning the state’s Second Amendment Protection Act.

This first sentence of Brownback’s letter is the most important. Holder’s letter took the position that the new Kansas law is unconstitutional – without question. And because of Holder’s view that he is the decider of all that is constitutional or not in this country, he threatened the state – and thus the People – of Kansas.

Brownback showed quite a bit of savvy with that sentence. He absolutely brushed off Holder by pointing out that his letter only represented “the view of the Obama Administration…”

Just because Eric Holder claims that the Kansas law is unconstitutional, doesn’t make it so. And Holder’s claim that he had no idea about “fast and furious” probably doesn’t make that so either.


Maryland to become 19th state to legalize medical marijuana

ANNAPOLIS, Md. (May 2, 2013) – Maryland became the 19th State to legalize marijuana for medical use  Thursday when Governor Martin O’Malley signed  the “Medical Marijuana – Academic Medical Centers – Natalie M. LaPrade Medical Marijuana Commission” act into law.

Congress and the president claim the constitutional authority to prohibit weed. The Supreme Court concurs. But sharing an opinion on something doesn’t necessarily make it a fact. You can claim you are a unicorn, but you’re not. Clearly, the Constitution delegates no power of marijuana regulation to the feds. And the so-called war on drugs rests on the same legal authority as all of the other modern-day undeclared wars.


So, more and more states continue to do exactly what they should do when the federal government tries exercise power it does not legitimately possess.

Ignore it.

With Maryland’s new law, 19 states have done just that, legalizing medical marijuana. That wave continues to build, with even more state legislatures considering medicinal marijuana legislation in the 2013 session, and more likely to follow suit.

Better known by its shorter numerical designation,  HB 1101, and introduced by Delgate Dan Morhaim, the new law allows academic medical research centers to create and implement programs to dispense marijuana to sick patients.

Under HB 1101  marijuana will only be provided through academic medical centers, more commonly known as teaching hospitals. Critics of the bill argue with hospitals having a choice to dispense or not dispense, some will opt to not participate. The new law also allows the governor to suspend the program if state employees fall under jeopardy of prosecution by the federal government.


Kansas to Eric Holder: We’re Not Backing Down!

Today, Kansas Secretary of State Kris Kobach issued a statement in response to Eric Holder’s direct threat against the state for its new law, the 2nd Amendment Protection Act.  It reads, in part: With respect to his concern that federal officials be allowed to enforce federal laws, Mr. Holder’s statement is a curious one. He…


Bill Nullifying Acts Violating The Second Amendment Passes Missouri Senate 26-6

JEFFERSON CITY, Mo. (May 2, 2013) – Just one day after Eric Holder sent a letter threatening Kansas if it enforces its recently passed Second Amendment Protection Act, the Missouri Senate thumbed its nose at the Attorney General and passed the Show-Me-State version of Second Amendment protection by a veto-proof majority.

HB 436 passed the Senate 26-6 on Thursday.

The House passed already passed the bill 115-41,  also a veto-proof majority. But the Senate added three amendments, and the bill must no go back to the House for concurrence.

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 legislation also includes misdemeanor criminal penalties if agents of the federal government attempt to enact gun control measures that violate the Constitution of the United States and State Constitution of Missouri.


Constitutional Tender Act Passes Missouri House 107-47

JEFFERSON CITY, Mo. (May 2, 2013) – A bill that would make gold and  silver coin legal tender in Missouri overwhelmingly passed the House Tuesday.

HB421 exempts any capital gains income included in Missouri adjusted gross income from the exchange of gold and silver issued by the federal government at a nonbank depository from state individual and corporate income taxes and allows the use of  silver coins issued by the federal government as legal tender at face value.

The silver coins of the United States are hereby declared a legal tender, at their par value, fixed by the laws of the United States, and shall be receivable in payment of all debts, public or private, hereafter contracted in the state of Missouri; provided, however, that no person shall have the right to pay, upon any one debt, dimes and half dimes to an amount exceeding ten dollars, or of twenty and twenty-five cent pieces exceeding twenty dollars.

The legislation also prohibits the extent and composition of a person’s monetary holdings, including those on deposit with any nonbank depository, from being disclosed, searched, or seized except upon strict adherence to due process safeguards, and creates state regulatory structure. HB421 passed the House 107-47.The bill now moves on to the Senate for consideration. It has not been assigned to a committee.


Lessons Learned: Reflections on the State Legislative Session

The insanity is finally over and the people can now put together the last falling pieces from the 63rd Legislature in Montana.

It was once said; “The people’s rights are never more in danger than when the legislature is in session.”   The ramifications from this session will continue to impact the people far beyond even the next legislative session in 2015.  Many citizens will breath that sigh of relief, while others will shift gears into the interim process.

The people did earn a couple of wins this session.  One for sure was the defeat of the Medicaid exchange bill.  The mandate would put additional burdens on the backs of taxpayers and there just ain’t any more pie to share.  With Obamacare mandates starting to kick in, even some of the most liberal socialists who endorsed it in the beginning are seeing its demise.  The leader of the plan, Mr. Baucus, is now openly admitting the train wreck that Obamacare will bring to America.

The raging national debate on gun control, made its way into this session.  It was sad to see how the political parties’ understanding of the Second Amendment to the Constitution were clearly delineated in the final votes.  Without exception, interpretation of; “Shall not be infringed” or “Shall not be called into question,” were distorted by Democratic members in both houses.  We did fix the law that made us criminals for firing a weapon under the disorderly conduct statutes, but other efforts to enhance and protect our 2nd Amendment rights were lost.