Alpena County, Michigan Passes 2nd Amendment Preservation Resolution

The vote on August 27 was unanimous.

The Alpena County Board of Commissioners passed Resolution #13-23 to (1) “affirm the individual right to bear arms as delineated in the Constitutions of the United States and the State of Michigan” and (2) “oppose any new statutes at any level of government, state or federal, which will diminish the ability of the law-abiding to defend themselves and their families.”

In addition, the resolution states that “[T]here is no benefit to, nor justification for, removing firearms or other weapons from the hands of law-abiding citizens while the lawless still possess them”.

This courageous exercise of federalism – that would surely make Thomas Jefferson & James Madison proud – sites both the Second Amendment of the US Constitution as well as Article 1, Section 6 of the Michigan Constitution.

Local support will play a vital role in the success of those who want to protect the right to keep and bear arms. The resolution is a great first step, as it gets the commissioners on record in support of the Second Amendment. But, since it’s non-binding, it will require another step to have concrete effect. Cities within the county – and the county board itself – should follow up this resolution with ordinances prohibiting any cooperation with federal agents attempting to enforce acts violating the Second Amendment. Such an ordinance will give these statements teeth.

As Judge Andrew Napolitano has said recently, such widespread noncompliance will make federal gun control measures “nearly impossible to enforce.”  (video here)

Here are some concrete steps you can take in your own area.

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Republicans have a replacement for Obamacare. It’s unconstitutional, too.

Former Republican Presidential Candidate and promoter of the “9-9-9″ economic plan Herman Cain recently wrote an article to rebut the claim that Republicans don’t have an answer to our nation’s health care “crisis”.  The article champions HR 2300 - Empowering Patients First – as “vastly superior to the train wreck we’re facing right now” with Obamacare.

Mr. Cain ends his article with an interesting combination of irony and hypocrisy by quoting James Madison, commonly referred to as the Father of the Constitution, and labeling Obamacare - but not HR2300 - as “government malfeasance”.

Now I’ll agree with Mr. Cain that Obamacare is terrible legislation as well as government malfeasance.  The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the States to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”

I’ll also even entertain the unlikely possibility that HR 2300, introduced by Georgia Republican Rep. Tom Price, may be less terrible than Obamacare.  Rep. Price is a doctor, after all.

However I have a few questions for Mr. Cain:

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Ohio Bill Would Nullify Warrantless Drone Spying

Ohio has joined the growing number of states considering restrictions on drone use. Legislation limiting the use of drones by law enforcement agencies was introduced on 6/12/2013 by Ohio State Representative Rex Damschroder (R-Fremont).

House Bill 207 was introduced in response to law enforcement agencies seeking to purchase and use unmanned aerial vehicles, commonly referred to as drones.

“As this technology continues to become more prevalent, the state of Ohio must be vigilant in seeing that drones are used only in circumstances that specifically protect public safety,” Damschroder stated. “HB 207 ensures that law enforcement agencies are only using drone technology for appropriate reasons. We have all watched over the past few weeks how technology could potentially be used by government agencies to violate our privacy and conduct unwarranted surveillance. We need to do everything possible to prevent a Big Brother society where government exerts too much control of our lives or has too much access to our private information.”

The bill states that no law enforcement agency shall operate a drone unless the agency has obtained a search warrant, or if a law enforcement agency has reasonable suspicion that swift action is needed to prevent imminent harm to life, serious damage to property, or to prevent the escape of a suspect or destruction of evidence. HB 207 further ensures that no information or evidence collected while operating a drone shall be used in a court proceeding if it was obtained in violation of the exceptions provided in the bill.

“We all have a right to personal privacy and HB 207 advances that cause,” Damschroder continued. “The bill is a preemptive strike against the abuse of our 4th amendment rights and makes it clear that drones cannot be used simply to spy on individuals and survey our property.”

ACTION ITEMS FOR HB 207

1. Contact your state representative. Strongly encourage her/him to support HB 207.

http://www.ohiohouse.gov/members/member-directory

2.  Encourage your local community to take action as well. Using model legislation

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New Wisconsin Bill Would Nullify Federal Gun “Laws”

Wisconsin State Representative Michael Schraa (R-Oshkosh) announced on Tuesday that he is introducing legislation that will protect Wisconsin gun owners from  unconstitutional gun control measures at the federal level.

“The Firearms Freedom Act” would prevent local and state law enforcement from assisting in the enforcement of federal “laws” that ban or restrict the use of firearms.  Officers who violate the law could be charged with a misdemeanor.

This would make a HUGE dent in any new federal effort to further restrict the right to keep and bear arms in Wisconsin. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). Quite simply, the federal government absolutely cannot enforce gun control in Wisconsin without the help of Wisconsin.

“When I took my oath of office on Jan. 7, I raised my right hand to defend the Constitution of the U.S. and the Wisconsin Constitution, and although I admittedly say I’m not a huge gun guy, I just think it’s important to protect our Second Amendment,” Schraa said. “I think it’s one of our most fundamental rights.  I think it was very necessary and timely to introduce this bill.”

According to Rep. Schraa, the bill’s intent is to send a message to the federal government that Wisconsin won’t participate in the violation of constitutional rights or the enactment of irresponsible gun control legislation.

“I think our founding fathers understood the importance of the Second Amendment, especially the way our country was formed as we tried to break away from a tyrannical government and form this country independently,” Schraa said. “The Second Amendment played a big part in that and I think it carries through … It’s one sentence, very simple but very complex. For them to have the forethought for this to be relevant today is very significant.”

SUPREMACY CLAUSE  

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Does Ohio Health Care Freedom Act Violate Ohio’s Health Care Freedom Amendment?

Ohio Representatives Ron Young and Andy Thompson introduced HB91 (The Health Care Freedom Act) earlier this month in an effort to honor the will of Ohio voters, who in 2011 voted overwhelmingly in favor of a Health Care Freedom Amendment to the Ohio Constitution.  Imagine their surprise when HB91 was attacked – by a fellow Republican, no less – on the grounds that it…wait for it…violates the Health Care Freedom Amendment of the Ohio Constitution!?!

Of course anyone who is familiar with Ohio’s recently adopted Health Care Freedom Amendment knows that HB91 does no such thing.

Ohio Representative Matt Lynch, who has 30+ years of practicing law under his belt and is one of the 19 cosponsors of HB91,  is among those who are familiar with both the Health Care Freedom Amendment and the Health Care Freedom Act.  Rep. Lynch recently wrote a letter to Committee Chairman Wachtmann in which he accurately pointed out that HB91 does NOT  impose a penalty or fine for the sale or purchase of health care or health insurance nor does it prohibit the purchase or sale of health care or health insurance:

It is abundantly clear that HB91 does not impose any type of civil or criminal penalty.  It also does not assess and “fine”, “tax” or “fee”.  Further there is no “right” to sell insurance in Ohio.  On the contrary courts have long recognized that states may regulate the operation of insurance companies.  Accordingly no rights are “punished” or “discouraged” under the Bill.

HB91 also does not “prohibit” the sale of insurance.  Rather HB91 merely adds a requirement that those selling healthcare insurance in Ohio refrain from accepting any “remuneration, credit or subsidy” as defined in the Bill.  Such a requirement is not unlike the many regulations already found in Chapter 39 of the Ohio Revised Code that must be met by an insurance company doing business in Ohio.

Representative Lynch concludes his letter with his professional opinion that “HB91 does not violate the Ohio Constitution by establishing a sanction in the form of a suspension or forfeiture of a  license to sell health insurance in Ohio.” 

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Missouri House Committee Passes 2 Bills to Nullify Gun Laws

The 2nd Amendment was front and center in Jefferson City on Monday as not one, but TWO bills aimed at protecting and preserving the 2nd Amendment were approved by Committee in the Missouri House.  Both bills can now be placed on the “Perfection Calendar” for debate by the full House.

Representative Chrissy Sommer introduced HB 162 on January 15, 2013 with the support of 5 co-sponsors.  This bill establishes the Missouri Firearms Freedom Act.  Amendments II, IX and X of the US Constitution as well as Article I, Section 23 of the Missouri Constitution are declared as the authority for the bill which states that a “personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Missouri and that remains within the borders of Missouri is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”

Representative Casey Guernsey introduced HB 170 on January 15, 2013 with the support of 60 co-sponsors.  This bill specifies that “a federal official must not enforce a federal firearm law when the firearm is manufactured and remains in the state and that any new federal law banning or restricting ownership of a semi-automatic firearm is unenforceable”.

The bill also affirms the state’s authority to regulate firearms made and owned exclusively within Missouri, and makes it a felony for any federal agent to attempt to enforce a federal regulation on such weapons.  

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Ohio Bill Would Prohibit Firearm Seizure, Forced Registration and Potential Ban

Ohio_Statehouse_columbusThe Buckeye State has joined the ever growing list of states that are willing to stand up to unconstitutional federal infringements on the 2nd Amendment.  Ohio Senator Kris Jordan has introduced a bill that would prohibit firearms seizures, registration and bans in Ohio.

SB 36 was introduced on Tuesday, February 12, 2013 with Senator Tim Schaffer listed as a Cosponsor.  In addition to prohibiting the seizure of any firearm from any person who is lawfully in possession or control of a firearm, the bill also  prohibits forced gun registration and includes first degree felony charges to any law enforcement officer (state or federal) or international agent who attempts to enforce a firearm registration or firearm ban.

“These law abiding Ohioans are not the ones to be scared of, rather it is the politicians who say it is their goal to disarm “Mr. and Mrs. America” that we should fear”, said Senator Jordan in reference to remarks made by US Senator Diane Feinstein in a 1995 interview on 60 Minutes.

SB 36 is expected to receive strong support in the Republican controlled Ohio General Assembly and eventually make its way to the desk of Republican Governor John Kasich.  A signature would certainly be expected at this point given Governor Kasich’s recent comments regarding the 2nd Amendment:

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Indiana Senate Bill Would Nullify Agenda 21

Indiana Senator Dennis Kruse has introduced a bill that would nullify “Agenda 21″ in the Hoosier State.  The bill as introduced, SB 134, provides that “an Indiana governmental entity may not adopt or implement: (1) any policy recommendations relating to the United Nations’ 1992 “Agenda 21″ conference on the environment and development that deliberately or inadvertently infringe on or restrict private property rights without due process; or (2) any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Constitution of the State of Indiana.”

SB 134 does not currently have any co-sponsors, however a similar bill, HB 1021, was introduced in the Indiana House by Representative Tim Neese back in December of 2012. 

Both bills are currently in committee awaiting further consideration.

The US federal government officially endorsed Agenda 21 in 1992 when President George H. W. Bush signed on to a treaty with 177 other countries that he personally described as ’mammoth’ at a U.N. meeting called the ’Earth Summit’ in Rio De Janeiro, Brazil.  

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