Albany resolution against NDAA indefinite detention is a great first step, even though it does not ban indefinite detention as one organization has claimed.Details
Now that the dust has settled a bit after Jerry Brown signed AB351 into law, it’s important to ask, what’s next?
If you thought the work was done and California would be “indefinite-detention” free, you thought wrong. The passage of the California Liberty Preservation Act was an important first step towards the nullification of federal indefinite detention practices in the state, but not the last one.
This advice from Samuel Adams probably sums it up best:
“Instead of sitting down satisfied with the efforts we have already made, which is the wish of our enemies, the necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance.”
The enemies of liberty will not rest, and neither can we.
CALIFORNIA LIBERTY PRESERVATION ACT
AB351 now makes it “state policy” to reject “indefinite detention” powers from the federal government. It reads, in part:Details
As we’ve reported previously: in August, Herndon, KS Mayor Kenny Chartier sent an email to “[every] municipality, city and town in the state of Kansas [with] an e-mail address,” urging them to pass ordinances similar to Herndon’s in support of the Second Amendment Protection Act, which was signed into law by Governor Brownback in April. Three cities have since answered that call: Muscotah, Easton, and most recently, Strong City.
At their September 10 meeting, the Strong City city council passed the Right to Bear Arms Ordinance into law with a margin of 5-0.
“No agency of the City of Strong City, KS, or person in the employ of the City of Strong City, KS shall enforce, provide material support for, or participate in any way in the enforcement of any act, law, treaty, order, rule or regulation of the government of the United States regarding personal firearms, firearm accessories, or ammunition within the Boundary of this City of Strong City, KS.” —Right to Bear Arms Ordinance, Strong City, KSDetails
“ANY act, law, treaty, order, rule or regulation of the government of the United States which violates the Second Amendment to the Constitution of the United States is null, void and unenforceable in the State of Kansas.” -Second Amendment Protection Act [emphasis added] So echoed the city of Easton, KS on September 3rd with the…Details
Earlier this week, Klamath County, Oregon, took the first step toward nullifying indefinite detention.
Congress codified indefinite detention into law in sections 1021 and 1022 of the 2012 National Defense Authorization Act. Despite assurances from administration officials and members of Congress that it applies “only to the terrorists,” a federal judge ruled it unconstitutional because of broad language that could apply to pretty much anybody. And the Obama administration has fought hard to overturn that ruling. (Read more about indefinite detention HERE and HERE.)
The Klamath County Board of Commissioners passed a resolution condemning indefinite detention under not only the NDAA, but also under “an authorization for use of military force or any similar law or authority claimed by Congress or the Office of the President,” calling it “unconstitutional and therefore unlawful.” The resolution also calls on the Oregon legislature to interpose on behalf of the citizens.
Klamath County requests the Oregon State Legislature recognize the duty of the state of Oregon to interpose itself between unconstitutional usurpations by the federal government or its agents and the people of this state, as well as the duty to defend the unalienable natural rights of the people, all of which is consistent with out oaths to defend the Constitution of the United States and the constitution of Oregon against all enemies, foreign and domestic.
Klamath County joins Coos County in condemning federal kidnapping and calling on Salem to act against it. These Oregon counties join a chorus of local governments across the U.S. opposing indefinite detention.Details
The organization known as being the most consistent supporter of the 2nd Amendment is Gun Owners of America. They’re generally referred to as “no compromise.” From my experience, I can’t find a thing to disagree with there.
I like that, since our organization is no compromise on the Constitution as well. We regularly repeat our goal, The Constitution. Every issue, every time. No exceptions, no excuses.
TAC and GOA would make great partners in support of the right to keep and bear arms. That’s why it was really good to see them tweet out a link to our 2nd Amendment Preservation Act today.
— GunOwnersofAmerica (@GunOwners) September 16, 2013
It’s a powerful piece of legislation which would require a state – and its political subdivisions – to stop enforcing federal laws regarding firearms, firearm accessories, and ammunition. It would also ban the same from even assisting or participating in any way in those enforcement measures.Details
ROUND 2 STARTS TODAY
The Missouri 2nd Amendment Preservation Act sailed through the legislature this year, but was vetoed by Jay Nixon. The House override vote squeezed through, and the senate override failed by one vote.
Why did it fail? Some of it was technical, some political and some strategic.
1. The Bill Itself
FACT: The more a bill tries to accomplish, the less of a chance it has at becoming law.
HB436 tried to accomplish far too much and became susceptible to weakness. Conceal-carry, free speech issues, and the like should not be in a bill with a goal of nullifying FEDERAL violations of the 2nd Amendment. Why? Because it won’t become law.
STRATEGY: Keep it short and simple. Don’t bite off more than you can chew. Mom was right.Details
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.Details
I’m excited to announce last night’s launch of the first phase of the first phase of the new Tenther Action Center. This will develop into a comprehensive tool to track the status of all major nullification efforts around the country, and more importantly, have easy-to-use tools to get involved in supporting specific issues in your area.
Last night, we made public our new 2nd Amendment Preservation Act Tracking and Action Center here:
This important campaign is focused solely on one important effort – nullify federal gun laws, rules, orders, regulations, and the like. They’re unconstitutional, no matter what other so-called “libertarians” may think.
For those who believe in the right to keep and bear arms, I can assure you that your right will never be safe as long as you wait on assurances from politicians or federal courts. You might get a narrow short-term victory from time to time, but in the long run, they’ll always end up using it all against you – and your liberty.
The effort to protect these rights needs to happen at a state and local (and especially an individual) level. Our new campaign includes loads of great information and tools to make this more effective – and increase the chance of more states and local communities doing their duty.
Here’s some of the new tools to help you nullify federal gun control in your area.Details
Last May, Herndon, Kansas, Mayor Kenny Chartier introduced an ordinance nullifying federal gun laws in his town. The legally binding ordinance prohibits “any agency or person in the employ of the City of Herndon from enforcing, providing material support for, or participating in any way in the enforcement of any act, law, treaty, order, rule or regulation of federal government regarding personal firearms, firearm accessories, or ammunition with the city limits.”
The city council unanimously adopted it.
Chartier took action after Kansas Gov. Brownback signed a state Second Amendment Protection Act into law last April. The state law nullifies a wide range of unconstitutional federal gun laws. Passage represented a huge step in protecting the right to keep and bear arms in Kansas, but Chartier understood local support would play a vital role in the ultimate success of the new Kansas law, and he did his part to add another layer of protection for citizens in his town.
And the Herndon mayor didn’t stop there.
Recently, Chatier sent an email to “every town, city and municipality in the state of Kansas that had an e-mail address,”urging them to pass similar Second Amendment Preservation ordinances supporting the state law.Details