Action Alert: Nullify Federal Gun “Laws” Locally in the state of Arizona

Last session, six Arizona state senators sponsored a 2nd Amendment Preservation Act (SB1112) in Arizona. Sadly, that bill died in committee.

But don’t despair! Options to protect the right to keep and bear arms remain open. Through  grassroots efforts in your city, town, municipality and county, you can break down the federal supremacists’ blockade in Arizona.

Even when states failed to interpose, government bodies at the local level can step into the fray. Counties and cities can refuse to assist any federal attempts enforce federal gun laws in their jurisdictions. These measures will not only provide  practical protections, they will send a strong message to Phoenix. Successful actions at the local level will put pressure on state legislators in the next session, and the process of passing local measure will serve as an educational tool both for lawmakers and the general public.

Of course, local governments won’t act without citizen input and grassroots pressure. The good news is a few dedicated individuals can make a difference at the local level.

That’s where you can step up to the plate.

Form grassroots local nullification groups. Bring your sheriff, local law enforcement, and your community together. Educate each other on nullification, the Second Amendment, and the Constitution. Teach community members that no state or locality is forced into enforcing federal laws. Then introduce model legislation to preserve the Second Amendment to your local lawmakers. Encourage your city, town, municipality and county officials to refuse to aid, enforce, or provide resources to the federal government when it attempts to violate Second Amendment.

Local noncompliance can create major obstructions and impediments. Federal law enforcement agencies lack the manpower and resources to enforce federal laws on their own. They always require the aid of state AND local law enforcement. As Judge Andrew Napolitano said recently, widespread noncompliance can make a federal law “nearly impossible to enforce” (video here).

It’s going to take work to ensure that this is how things play out.  Here’s what you can start doing right now.   

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New Texas Law Bans Warrantless Drone Spying

Last Friday, Governor Perry signed into law a bill to severely restrict the use of drones for surveillance.   Dubbed the ‘Texas Privacy Act’, H.B. 912 is an attempt to rein in potential abuses related to the rapidly-developing drone technology that has made its hands into the hands of government at the state and federal levels. The bill was originally authored by Rep. Gooden (R-District 4) and amassed over 100 co-sponsors since it was introduced Feb. 1, showing vast and bipartisan support for stopping the government’s Orwellian takeover of our skies. The House passed the bill by a vote of 128-11 on May 10th. (roll call here)  And the Senate passed a slightly amended version of the bill by a vote of 29-1. (roll call here).

BILL INFORMATION

The bill states that “a person commits an offense if the person uses or authorizes the use of an unmanned vehicle or aircraft to capture an image without the express consent of the person who owns or lawfully occupies the real property captured in the image.” The offender would be charged with a Class C misdemeanor if they were caught violating this part of the law.

Data gathered by law enforcement illegally ‘may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding’ according to the bill and ‘is not subject to discovery, subpoena, or other means of legal compulsion for its release.’ This incentivizes police to not misuse the drone technology unless they wish to risk jeopardizing their entire investigation.

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Nullification Returns to Wisconsin

By Phil Zimmermann, originally posted at Wisconsin Republic

The Fugitive Slave Act of 1850 required citizens of the free states to capture and return escaped slaves. Wisconsin lead the charge against this despicable federal legislation through nullification and widespread non-compliance.

The Wisconsin Legislature passed a nullification resolution declaring the Fugitive Slave Act to be “without authority, void, and of no force.” The Wisconsin courts as well declined to prosecute Wisconsinites who refused to comply with the law.

Justice Smith of the Wisconsin Supreme Court said in 1854:

But the real danger to the union consists, not so much in resistance to laws constitutionally enacted, as in acquiescence in measures which violate the constitution.  It is much safer to resist unauthorized and unconstitutional power, at its very commencement, when it can be done by constitutional means, than to wait until the evil is so deeply and firmly rooted that the only remedy is revolution.

Today the Federal government again threatens civil rights. The Patriot Act and the Orwellian NSA surveillance state have all but destroyed the 4th amendment. The IRS and DOJ targeting of political groups and journalists seems bent on destroying the 1st amendment as well.

Against this backdrop Wisconsin Rep. Michael Schraa has introduced legislation to address the significant efforts being made to limit our ability to protect ourselves and our families, as guaranteed by the 2nd amendment.

“This bill, the Firearms Freedom Act, sends a simple message to the federal government,” said Schraa (R – Oshkosh).  “Wisconsin will not help you take away our second amendment rights.”

Schraa’s legislation targets the overzealous interpretation of the interstate commerce clause that the federal government uses to claim it can regulate all commerce. The legislation makes it clear that a firearm that is manufactured and housed in Wisconsin cannot be considered part of interstate commerce.

This clearly has implications that extend beyond firearms.

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It’s not Edward Snowden who Betrayed Us

by Sheldon Richman, Future of Freedom Foundation

When you cut through the fog, the NSA controversy is about whether we should trust people with institutional power. Edward Snowden’s courageous exposure of massive secret surveillance separates those who say yes from those who say, “Hell no!”

The trusting attitude can be found among progressives and conservatives alike (with notable exceptions), and even some who have identified themselves as libertarians. Matt Miller, an occasional guest host on the progressive network MSNBC, left no doubt where he stands when he flippantly wrote in the Washington Post,

Do you empathize more with those who govern — and who in this case are charged with protecting us? Or has the history of abuse of power, and the special danger from such abuses in an age when privacy seems to be vanishing, leave you hailing any exposure of secret government methods as grounds for sainthood?…

Is there potential for abuse? Of course. An Internet-era J. Edgar Hoover is frightening to conjure. But what Snowden exposed was not some rogue government-inside-the-government conspiracy. It’s a program that’s legal, reviewed by Congress and subject to court oversight.

So it’s okay if the government monitors masses of innocent people as long as it’s reviewed by a clique of gagged members of Congress and a secret rubber-stamp “court.” That’s what I call trust in power. Frankly, it’s more alarming that the spying is legal rather than rogue. Michael Kinsley once said, “The scandal isn’t what’s illegal, the scandal is what’s legal.”

Miller’s progressive colleague Richard Cohen said much the same thing in much the same tone:

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