Author Archive | William Kennedy

A bill to legalize cannabis for legitimate medical purposes was introduced by Oklahoma State Senator Constance N. Johnson it would reverse state law and stop state prosecutions for possession by those with a medical prescription.

SB 902 would amend the Oklahoma Code concerning cannabis. The text of the bill simply states that:

“The State Board of Medical Licensure and Supervision shall develop and adopt rules permitting the prescription of medical cannabis by physicians licensed in the State of Oklahoma pursuant to the provisions of Section 480 et seq. of this title.The Board shall establish fees for the licensing, production, distribution, and consumption of medical cannabis and develop policies for the issuance of licenses to prescribers and consumers of medical cannabis.”

This bill, if passed, would effectively nullify federal marijuana laws through non-compliance with the state no longer following federal marijuana laws. In 2005, the Supreme Court ruled against medical marijuana in the states in the case Gonzalez vs Raich. The attorneys general of Alabama, Louisiana, and Mississippi, three strongly anti-drug states from the usually conservative South, filed a brief supporting Raich on the grounds of states’ rights. Already, 18 states have marijuana laws on the books – 2 of which are full legalization and not just for medical purposes – leading to an effective nullification of unconstitutional federal laws and regulations on that plant. Continue Reading →

The men and women at all levels of government are not perfect ,they have shown repeatedly that they can and will violate our rights and freedoms. Not all of those violations are intentional, many are through ignorance and when I say ignorance, I only mean to imply they just do not understand our Constitution or its foundations.

Whether their unconstitutional actions are intentional or unintentional, are we bound to follow them? Must we obey or submit to “laws” that clearly violate our rights because some representative, bureaucrat or Supreme Court judge says so? These people are not infallible; history has shown us they can be wrong and have been proven to be on numerous occasions.

So, if you follow these “laws” and tell others that they must also obey, rules and regulations that clearly violate people’s rights and freedoms, that violate the rule of law and the Constitution what does that say about you.

A question that must be answered and soon by those that have been elected to our State Legislature, do they not only accept ever-expanding federal tyranny flowing out of Washington, DC but do they also help implement it? Continue Reading →

Two companion bills introduced and we are almost 2/3 of the way to the blocking of PPACA or Obamacare in North Carolina.

SB4 was introduced and sponsored by Senators Tom Apodaca, Harry Brown, Bob Rucho, (Primary) Austin M. Allran, Chad Barefoot, Stan Bingham, Bill Cook, David L. Curtis, Warren Daniel, Jim Davis, Thom Goolsby, Kathy Harrington, Ralph Hise, Neal Hunt, Wesley Meredith, Ronald J. Rabin, Shirley B. Randleman, Norman W. Sanderson, Dan Soucek, Jerry W. Tillman, Tommy Tucker and Trudy Wade  today January 30, 2013. And in the House HB16 was introduced and sponsored by Representatives Burr, Avila, Hollo, Collins, (Primary) Brody, Jones and Malone. Both bills are identical therefore; I will just point out the main points and just understand that it applies to both bills.

“AN ACT (1) to clarify the State’s intent not to operate a State‑Run or “Partnership” health Benefit Exchange, (2) to provide that FUTURE Medicaid eligibility determinations will be made by the State rather than the Federally facilitated Exchange, AND (3) to Reject the Affordable Care Act’s optional Medicaid expansion.”

These bills set off RED FLAG’S that need to be addressed further and will be explained later.

They go on to state in Section 1: “The General Assembly reserves the authority to define the State’s level of interaction, if any, with the federally facilitated Health Benefit Exchange that will operate in the State. No department, agency, or institution of this State shall enter into any contracts or commit any resources for the provision of any services related to the federally facilitated Health Benefit Exchange under a “Partnership” Exchange model, except as authorized by the General Assembly. No department, agency, or institution of this State shall take any actions not authorized by the General Assembly toward the formation of a State‑run Health Benefit Exchange.” Continue Reading →

Mississippi State Senator Deborah Jeanne Dawkins has introduced a bill that would reverse state law and legalize the use of marijuana for specified medical purposes.

SB 2369 would amend the Mississippi Code concerning marihuana. The text of the bill simply states that it is:

“An act to authorize the medical use of marihuana by seriously ill patients under a physician’s supervision; to define certain terms; to provide an exemption from criminal and civil penalties for the medical use of marihuana; to provide limitations on the medical use of marihuana; to provide a legal defense for patients and primary caregivers; to amend sections 41-29-113 and 41-29-115, Mississippi code of 1972, to transfer marihuana from schedule i to schedule ii under the controlled substances law; to amend section 41-29-139, Mississippi code of 1972, to exempt the medical use of marihuana from criminal penalties under the controlled substances law; and for related purposes.”

This bill, if passed, would effectively nullify federal marijuana laws through non-compliance with the state no longer following federal marijuana laws. In 2005, the Supreme Court ruled against medical marijuana in the states in the case Gonzalez vs Raich. The attorneys general of Alabama, Louisiana, and Mississippi, three strongly anti-drug states from the usually conservative South, filed a brief supporting Raich on the grounds of states’ rights. Already, 18 states have marijuana laws on the books – 2 of which are full legalization and not just for medical purposes – leading to an effective nullification of unconstitutional federal laws and regulations on that plant. Continue Reading →

Colorado State Senators Marble, Balmer, Baumgardner, Brophy, Cadman, Crowder, Grantham, Harvey, Hill, King, Lambert, Lundberg, Renfroe, Scheffel along with State Representatives Saine, Sonnenberg, Buck, Everett, Holbert, Humphrey, Joshi, Landgraf, Nordberg, Priola, Rankin, Wilson, Wright have introduced a bill that would stop new federal gun control “laws” at the state border. (Legislators without links are new and the state has not setup pages for them as of the writing of this post.)

SENATE BILL 13-140 would not only block any new federal firearms bills but also blocks federal expansion of the” interstate commerce clause” on any firearm, accessory, ammunition, ammunition magazine manufactured in and retained within the state. The Constitution gives authority to Congress to regulate Interstate Commerce (to make regular not to limit) but it does not authorize interference in intrastate commerce i.e. commerce solely within the borders of a state. The text of the bill simply states that:

“An employee, agent, or agency of the state, including but not limited to a peace officer, shall not enforce or attempt to enforce any statute, rule, regulation, order, action, or act of the United States government that relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:

• Is manufactured commercially or privately within Colorado; and
• Remains exclusively within the borders of Colorado.

This bill, if passed, would make any federal gun control bill in effect on or after January 1, 2013 “unenforceable within the borders of Colorado” if it limits the citizens of Colorado access to firearms, ammunition and firearm accessories if the statute, rule, or regulation purports to: Continue Reading →

North Dakota Representatives Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman along with Senators Larsen, Miller, Sitte have introduced a bill that would stop federal gun control “laws” within the borders of North Dakota.

HB 1183 would create and enact three new sections to chapter 62.1-01 of the North Dakota Century Code, relating to forbidding state governmental entities from providing aid and assistance to the federal government or any other governmental entity for the investigation, enforcement, and prosecution of federal firearms laws not in force as of January 1, 2013. The text of the bill states that:

“…laws passed by the Congress of the United States and signed into law by the President of the United States after December 31, 2012, a rule, a regulation, or an executive order that specifically deprives a citizen of the United States of manufacturing, importing, buying ,selling, transferring, transporting, possessing, bearing, and keeping on the citizen’s body or in a location where the citizen has a legal right to be unless otherwise forbidden by this state’s law, and any other law, including a rule, a regulation, or an executive order, forbidding the private ownership of any firearm not forbidden as of December 31, 2012…”

It goes on to state that no “state or local governmental entity, including law enforcement and those individuals responsible for or who otherwise support prosecution of laws within this state, may not do any of the following as they relate to federal firearms laws not in force as of January 1, 2013: Continue Reading →

On January 22, 2013, Nebraska Senator Charlie Janssen introduced a bill that would nullify new federal restrictions on firearms, magazines, and firearm accessories within the state’s borders. Since then Senator Ken Schilz has joined Senator Charlie Janssen as a co-sponsor.

LB451 would, according to the text of the bill, block any new gun regulations. It states, in part:

“Any federal law, rule, regulation, or order effective on or after January 1, 2013, shall be unenforceable within the borders of Nebraska” …if it

“Bans or restricts or attempts to ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm beyond those firearms which are already restricted in Nebraska.”

They go on to define exactly what the new federal regulations cannot ban or restrict, if it: Continue Reading →

Mississippi Representative Mark Formby along with 25 co-sponsors has introduced a bill that would stop federal gun control “laws” at the state border.

HB 625 would amend the Mississippi Code concerning firearms. The text of the bill simply states that it is:

“An act to prohibit enforcement of federal law regarding firearms, accessories or ammunition manufactured in the state that remains within the borders of the state; to provide that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in the state; to provide a penalty for violations of this act; and for related purposes.

No public servant or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Mississippi and that remains exclusively within the borders of Mississippi.” Continue Reading →

The 2nd Amendment Preservation Act was introduced by Senator Dahm on Jan. 16 and declares that:

“The Legislature of the State of Oklahoma declares that the 2nd Amendment guarantees an individual right to keep and bear arms free from infringement; that federal acts, laws, orders, rules, regulations, bans, or registration requirements regarding firearms constitute an infringement on the individual right, are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the founders and ratifiers, and are hereby declared to be invalid in the State of Oklahoma, shall not be recognized by this state, are specially rejected by this state, and shall be considered null and void and of no effect in this state.”

SB 548 would declare “an emergency” and would protect Oklahoma’s citizens from federal firearm “laws and regulations” from the date of passage and signing. The text of the bill simply states:

“It shall be the duty of the Legislature of this state to adopt and enact any and all measures as may be necessary to prevent the enforcement of all federal acts, laws, orders, rules, regulations, bans or registration requirements regarding firearms within the limits of this state.”

But how does the state plan to enforce the provisions of this bill? Continue Reading →

Arizona Representatives  Steve Smith, Adam Kwasman, Carl Seel, David W. Stevens, Bob Thorpe have introduced a bill that would prohibit the federal government from regulating “a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in this state and that remains exclusively within the borders of this state.”

HB 2291 would revise Arizona statutes by adding a section on firearms. The text of the bill simply states:

“A public servant or a federally licensed dealer who sells firearms in this state shall not enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in this state and that remains exclusively within the borders of this state.”

Also,

“An official, agent or employee of the United States government shall not enforce or attempt to enforce any act, order, law, statute, rule or regulation of the United States government relating to a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in this state and that remains exclusively within the borders of this state.”

Furthermore the bill states: Continue Reading →