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Preserving the Right to Keep and Bear Arms Locally

By on June 5, 2013 in 2nd Amendment, Activism, All Posts, Local 11

2nd AmendmentIn a time when many when Statists are calling for more federal gun legislation and even the repeal of the Second Amendment, patriots are trying to preserve their inalienable right to defend themselves against anybody or anything. An effective, constitutional way to preserve that natural right is through nullification. One tool to accomplish this is the 2nd Amendment Preservation Ordinance. This piece of legislation is made for the county level, and should be heavily focused on in states such as Tennessee where the state legislature is not in session. It effectively nullifies unconstitutional, federal gun laws through non-compliance.

The federal government was not given the power to make any laws regarding guns, ammunition, accessories, etc. in the few enumerated powers vested to it by the states. Then to explicitly restrict the federal government from infringing upon the natural right they put in the Second Amendment. So, if the general government infringes upon that God-given right then the states and/or counties can nullify the usurpatious legislation and should. Continue Reading →

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Illinois Drone Nullification Gets Final Approval, Heading to Governor’s Desk

By on June 3, 2013 in All Posts, Drones, Issues, Nullification, State Bills 10

SPRINGFIELD, Ill. – An Illinois bill restricting drone spying to the point of near extinction now heads to the governor’s desk for his signature.

If signed into law, SB1587 would prohibit law enforcement angencies from using unmanned drones to gather evidence or other information without a warrant in most cases.

The House overwhelmingly passed the Freedom from Drone Surveillance Act 105-12 on May 30. The Senate gave its approval 52-1 in April and quickly concurred with two House Amendments the day after House passage. SB1587 now moves on to Gov. Pat Quinn for his signature.

The act does leave the door open for some drone use.  The prime exception allows for the use of drones “to counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.” In addition, the bill would permit law enforcement agencies to use drones when attempting to locate a missing person, as long as that flight was “not also undertaking a criminal investigation.”  It would also allow for review of a crime scene and traffic crash scene photography.  Any information gathered by a drone would have to be destroyed within 30 days, unless the information proved to contain evidence of criminal activity, or was relevant to a trial or investigation.

The House amendments actually strengthened the bill.

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Michigan Legislators Taking Action To Nullify Prohibition

By on June 3, 2013 in All Posts, Drug War, Health Care, Nullification, State Bills 2

Michigan is following the lead of Colorado and Washington as their State Legislature has proposed a bill that would decriminalize possession of marijuana and another that would affirm the right of medical marijuana dispensaries to operate.

House Bill 4623 was introduced in April by Rep. Jeff Irwin (D-Ann Arbor) and was co-sponsored by six other legislators as well. This bill would reduce possession of small amounts of marijuana to a civil infraction punishable by a small fine and would serve as an important rebuke of the war on drugs, one of the federal government’s most evident ongoing policy blunders.

Although this bill does not completely legalize marijuana for possession and cultivation, it does prevent people found with up to an ounce on them from being prosecuted criminally. Instead of potentially facing jail time and heavy fines, first time offenders would be fined no more than $25 dollars with second time offenders fined a maximum of $50 and offenses from that point on would be fined no more than $100. Continue Reading →

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Action Alert: Help Nullify Obamacare in South Carolina

By on June 1, 2013 in Action Alerts, All Posts, Nullification, Obamacare, State Bills 0

H3101, the “Obamacare Nullification” bill, passed by a strong vote in the House but has been getting stonewalled in the Senate.  That resistance cracked this week with HEAVY grassroots pressure and support.  The Senate recalled H3101 out of the finance committee with a vote of 26-19.   The Senate then followed up with a “special order” vote of 28-16 – to move H3101 towards the top of the schedule.

This was absolutely necessary because the legislative deadline for 2013 is coming up within a few short days.  BUT, the special order vote was to put the bill BEHIND the ethics bill. It has only a slim chance to be voted on in time unless it’s moved AHEAD of ethics.  Listen to Senator Lee Bright on the South Carolina’s radio show Jonathan and Kelly on May 30th hour 2 radio show here.

Please take the following actions today – over the weekend and in the evening as well – to help H3101 move forward!

ACTION ITEMS

1. Call your State Senator. Tell them to vote YES on H3101 before the session ends.

Find your Senator here: http://www.scstatehouse.gov/member.php?chamber=S

2. Contact the Governor.  Call Governor Haley. Tell her to pressure the Senate to vote on H3101 before ethics. Tell her we won’t support ethics until H3101 gets an up or down vote first.

Call Governor Nikki Haley here: (803) 734-2100  Continue Reading →

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Constitutional Sheriffs Convention Focus: States’ Rights, 2nd Amendment

By on May 30, 2013 in Activism, Events, Sheriffs 0

For two days beginning on Friday, May 31, the Constitutional Sheriffs and Peace Officers Association (CSPOA) is holding a convention at the Ameristar Casino Resort and Spa in St. Charles, Missouri (a suburb of St. Louis).

As explained on the group’s website, the purpose of the convention is “to equip sheriffs, peace officers and public officials with the necessary information and public support to carry out their duties in accordance with their Oaths of Office.”

The CSPOA’s two-fold mission is to save America and to get enough people involved in that fight to make the dream a reality. The organization’s website describes precisely how they propose to achieve this lofty and laudable goal:

The answers lie within our grasp and come from the foundation of our country. The principles are embodied within the Declaration of Independence and outlined in the Constitution.

Yes, America is in deep, deep trouble. The good news is that there is hope and my [CSPOA founder, former Arizona Sheriff Richard Mack's] victory at the US Supreme Court proves that it only takes a few to stand to make monumental changes. We do not have to stand by and watch while America is destroyed from within. If our counties, cities, and states and all local officers keep their oaths to protect us from tyranny, we can win this battle to take our country back.

This is our plan, our goal and our quest. We are forming the Constitutional Peace Officers Association which will unite all public servants and sheriffs, to keep their word to uphold, defend, protect, preserve, and obey the Constitutions of the United States of America. We already have hundreds of police, sheriffs, and other officials who have expressed a desire to be a part of this Holy Cause of Liberty.

We are going to train and vet them all, state by state, to understand and enforce the constitutionally protected Rights of the people they serve, with an emphasis on State Sovereignty and local autonomy. Then these local governments will issue our new Declaration to the Federal Government regarding the abuses that we will no longer tolerate or accept. Said declaration will be enforced by our Constitutional Sheriffs and Peace Officers. In short, the CSPOA will be the army to set our nation free. This will guarantee this movement remains both peaceful and effective.

To help in the arming of these sheriffs and peace officers with the information they need to stand as the last and best line of defense against the federal government’s near-constant assault on liberty and local law enforcement, the convention will feature speeches from an impressive variety of lawmen, lawmakers, lawyers, and constitutional scholars. Continue Reading →

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On Indefinite Detention, California Assembly Tells Washington DC, Not Here!

By on May 30, 2013 in NDAA, Nullification, State Bills 2

California Liberty Preservation ActSACRAMENTO, Cal. (May 30, 2013) – Today, the California Assembly voted to approve a bill that will help render toothless the federal “indefinite detention” powers under the National Defense Authorization Act (NDAA).  The bill, by Assemblymember Tim Donnelly, was previously passed unanimously by both the Public Safety and Appropriations Committees and now moves on to the State Senate for concurrence.  The final vote was 71-1 (roll call here)

California residents are strongly encouraged to contact their state senators immediately to request support for AB351.  (contact info here)

If passed into law, AB351 would make it state policy to reject “indefinite detention” powers from the federal government.   It reads, in part:

It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California. [emphasis added]

This language of AB351 goes far beyond what has been considered in most other states, which focus solely on indefinite detention powers under the 2012 National Defense Authorization Act (NDAA), and nothing else.  Donnelly’s legislation broadens the scope by recognizing that indefinite detention should not be complied with no matter what federal law is used to justify it.  Donnelly confirmed this broad scope, “AB351 will prevent California from implementing indefinite detention for any reason.”

This would make a HUGE dent in any federal effort to detain without due process in California.  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 is going to have an extremely difficult time – at best – carrying out indefinite detention in California without the assistance of California. Continue Reading →

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Book Review: Reclaiming the American Revolution

By on May 30, 2013 in Books, History, Nullification 0

After lying dormant for the better part of 150 years, nullification has been gaining momentum in recent years.  My own awareness of nullification, the idea that the states have the constitutional right to block federal enforcement of unconstitutional acts, was originally almost wholly due to the work of historian Thomas Woods, who literally wrote the book on Nullification in 2010.  As great as that book was, Woods’s work was preceded by six years by another author who offered the first book-length treatment of nullification in a century.

This was William Watkins’ 2004 book, Reclaiming the American Revolution.  Watkins, an attorney who specializes in constitutional law, opens his book by taking the reader through the events that led to the Kentucky and Virginia Resolutions of 1798, authored by Thomas Jefferson and James Madison respectively.  These resolutions were a response to the Alien and Sedition Acts, a series of unconstitutional laws passed earlier in 1798.

After laying out the historical background for these laws, including the so-called Quasi-War with France, Watkins discusses some of the ways that they were used to shut down opposition to President John Adams and his Federalist party.  The most notable instance of prosecution under the Acts was that of Benjamin Franklin Bache who, besides being the grandson of Benjamin Franklin, was also a journalist who used his newspaper to criticize the Federalists.  Bache’s tragic story begins with his arrest for violating the Sedition Act and subsequent death from yellow fever while awaiting trial.  Other stories of prosecution under the Acts, while not as tragic, are equally as troubling in their violations of the First and Tenth Amendments. Continue Reading →

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Off to Rick Perry’s Desk: Bill to Nullify Warrantless Drone Spying

By on May 29, 2013 in Drones, News, Nullification, State Bills 0

AUSTIN, Texas – A Texas bill that would nullify warrantless drone spying gained final approval this week and now heads to Gov. Rick Perry’s desk for his signature.

HB912 would virtually eliminate all warrantless drone spying in the Lone Star State and criminalizes all drone use outside of carefully prescribed parameters.

The Texas Privacy Act 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.

The bill then outlines acceptable application of drones, including pursuant to a criminal warrant.

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.

House passed the bill by a vote of 128-11 on May 10, and the Senate gave a slightly amended version its approval 29-1 a week later. HB912 then went to a conference committee and both chambers approved the final version. Continue Reading →

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Wisconsin Will Consider Bill to Nullify Warrantless Drone Spying

By on May 29, 2013 in Drones, Issues, Nullification, State Bills 1

MADISON, Wisc. – Wisconsin joined the growing number of states considering restrictions on drone use last week.

Assembly Bill 203 and Senate Bill 196 prohibit state law enforcement from using a drone to gather evidence without a warrant except under carefully prescribed circumstances.

No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation without first obtaining a search warrant under s. 968.12. This subsection does not apply to the use of a drone to assist in an active search and rescue operation, to locate an escaped prisoner, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

The legislation also bans weaponized drones completely and applies criminal penalties for violations of the law.

A person who sells, possesses, or uses a weaponized drone is guilty of a Class H felony, and may be fined up to $10,000, imprisoned for up to six  years, or both. The bill prohibits a person, except a law enforcement officer who has  a search warrant or is acting for a permissible emergency purpose, from using a  drone that is equipped with video or audio recording equipment to photograph,  record, or otherwise observe another individual in a place where the individual has  a reasonable expectation of privacy. Anyone who does so is guilty of a Class A  misdemeanor, and may be fined up to $10,000, imprisoned for up to nine months, or  both.

Unlike many drone bills under consideration or passed by state legislatures, the Wisconsin bill does not provide an exception for Department of Homeland Security defined terror threats.

While the legislation only limits drone use by state and local government, it will seriously impact federal plans. At this stage in the ‘drone game,’ the feds are working hard behind the scenes to get states to operate the drones for them.

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