Tag Archives | Wyoming Sovereignty

Wyoming Legislature Passes the Firearms Freedom Act

By on March 3, 2010 in Firearms Freedom Act, Sovereignty Movement, State Sovereignty

wyoming-state-flagToday, on its 3rd reading, the Wyoming Senate passed HB95, the Firearms Freedom Act, by a vote of 30-0. (h/t Kristy Tyrney, Wyoming10A.org)

The bill states:

A personal firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured commercially or privately in the state to be used or sold within the state is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.

The Wyoming House already passed the bill last week, and it will now be transmitted to Governor Freudenthal’s desk for signature.

In 2009, both Tennessee and Montana passed the Act into state law. Last week, Utah’s Governor Herbert made that state the 3rd.

NULLIFICATION

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned. Implied in such legislation is that the state apparatus will enforce the act against all violations – in order to protect the liberty of the state’s citizens.

Implied in any nullification legislation is enforcement of the state law. In the Virginia Resolution of 1798, James Madison wrote of the principle of interposition:

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

HB95 includes this principle, and if passed, would impose penalties for violations of the law:

Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not more than two (2) years, a fine of not more than ten thousand dollars ($2,000.00), or both.

All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states.

A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010, and the Virginia Senate recently passed a similar bill, which now awaits action from the state house.

Fourteen states now have some form of medical marijuana laws – in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law nearly void.

Nearly two dozen states are considering similar legislation.

CLICK HERE to view the Tenth Amendment Center’s printable Firearms Freedom Act Brochure (pdf)

CLICK HERE to view the Tenth Amendment Center’s Firearms Freedom Act Legislative Tracking Page

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Wyoming Affirms Sovereignty

By on March 3, 2010 in Sovereignty Movement, State Sovereignty

wyoming-state-flagYesterday, the Wyoming Legislature voted to approve House Joint Resolution 2 (HJR2) which “claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.”

The resolution originally passed the House on 02-17-10. Yesterday the Senate passed by a vote of 26-4, and sent it back to the House, which concurred by a vote of 56-4.

Wyoming is now the 10th state – joining Alabama, Utah, Alaska, North Dakota, South Dakota, Oklahoma, Idaho, Louisiana and Tennessee – where similar resolutions affirming sovereignty under the 10th Amendment to the Constitution have been approved by both legislative houses in the past year. Wyoming is the third state to pass a sovereignty resolution in 2010.

These non-binding resolutions do not carry the force of law. Instead, they are intended to be a statement of the legislature of the state. They play an important role, however.

First, they bring the issue to the public sphere. And they’re considered an important first step in the overall process of the 10th Amendment movement. For example, if you owned an apartment building and had a tenant not paying rent, you wouldn’t show up with an empty truck to kick them out without first serving notice. That’s how many view these Resolutions – as serving “notice and demand” to the Federal Government to “cease and desist any and all activities outside the scope of their constitutionally-delegated powers.”

What’s most important, is that they help create fertile ground for future actions. Follow-up, say supporters, is a must.

The Wyoming resolution is part of a growing grassroots movement in state legislatures across the country as a protest to the intrusion of the federal government into state government affairs, and is an essential first step towards efforts to push back, or nullify, unconstitutional federal laws and regulations.

CLICK HERE to view the Tenth Amendment Center’s 10th amendment resolution tracking page

CLICK HERE to view the Tenth Amendment Center’s model 10th Amendment Resolution, which you can send to your representatives when urging them to introduce one in your state.

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Wyoming House Passes Firearms Freedom Act

By on March 2, 2010 in Firearms Freedom Act, Sovereignty Movement

wyoming-state-flagLast week, the Wyoming house overwhelmingly passed House Bill 95 (HB95), the Firearms Freedom Act.

The bill states:

“that specified firearms that are manufactured, sold, purchased, possessed and used exclusively within Wyoming shall be exempt from federal regulation, including registration requirements”

In 2009, both Tennessee and Montana passed the Act into state law. Last week, Gov. Gary Herbert signed the Act and Utah became the third state to have passed the law.

NULLIFICATION

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned. Implied in such legislation is that the state apparatus will enforce the act against all violations – in order to protect the liberty of the state’s citizens.

Implied in any nullification legislation is enforcement of the state law. In the Virginia Resolution of 1798, James Madison wrote of the principle of interposition:

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

HB95 includes this principle, and if passed, would impose penalties for violations of the law:

Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not more than two (2) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states.

A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010, and the Virginia Senate recently passed a similar bill, which now awaits action from the state house.

Fourteen states now have some form of medical marijuana laws – in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law nearly void.

CLICK HERE to view the Tenth Amendment Center’s printable Firearms Freedom Act Brochure (pdf)

CLICK HERE to view the Tenth Amendment Center’s Firearms Freedom Act Legislative Tracking Page

UPDATE: The Senate has passed the bill, amended, on the 2nd reading. It need just one more vote from the Senate before being sent to the Governor for his signature. More to follow…

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Pleading the 10th in Wyoming

By on January 11, 2010 in Sovereignty Movement, State Sovereignty

wyoming-state-flagIn conjunction with a bill seeking to nullify Federal Gun Laws and regulations in Wyoming, state legislators have introduced two resolutions, (HJR1 and HJR2), asserting sovereignty for the state under the principles of the 10th Amendment.

Both resolutions call on Congress to “cease and desist from enacting mandates that are beyond the scope of the enumerated powers granted to Congress by the Constitution of the United States.”

The resolution is part of a growing grassroots movement in state legislatures across the country as a protest to the intrusion of the federal government into state government affairs.

In 2009, 38 states introduced similar resolutions, and 7 states passed them, garnering some significant national media attention for these efforts. Already in 2010, four states have introduced sovereignty resolutions and “the next step,” nullification of specific federal laws has been gaining traction in states around the country, too.

CLICK HERE to view the Tenth Amendment Center’s 10th amendment resolution tracking page

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Wyoming Legislators Seek to Nullify Federal Gun Laws

By on January 6, 2010 in Firearms Freedom Act, Sovereignty Movement

gun-rightsWyoming State Representative David Miller has introduced a “Firearms Freedom Act” for the state – it’s filed as House Bill 28 (HB28).

If passed, the will would provide “that specified firearms that are manufactured, sold, purchased, possessed and used exclusively within Wyoming shall be exempt from federal regulation, including registration requirements”

Some supporters of the legislation say that a successful application of such a state-law would set a strong precedent and open the door for states to take their own positions on a wide range of other activities that they see as not being authorized to the Federal Government by the Constitution.

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

Wyoming’s bill brings the number to 14 states that have seen a Firearms Freedom Act introduced in the past year – most recently, New Hampshire, Virginia and Missouri.

Already, Tennessee and Montana have passed a version of the Firearms Freedom Act into law.  The Montana Shooting Sports Association (MTSSA) and the 2nd Amendment Foundation (SAF) have filed a federal lawsuit to validate the principles of the law.

Sources close to the Tenth Amendment Center tell us to expect to see nearly two dozen states consider similar legislation in the coming legislative session.

CLICK HERE – to view the Tenth Amendment Center’s Firearms Freedom Act Tracking Page

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