The fight for our 2nd amendment rights is on.
Yesterday, the Kentucky Senate overwhelmingly approved a bill forbidding the enforcement of new federal gun safety laws. State legislators in Missouri and Idaho are also fighting these federal laws.
The states are using a 19th century legal tactic called nullification – whereas states can simply declare federal laws invalid if they think the laws are unconstitutional.
It could also mean jail or fines for those who try to enforce these unconstitutional laws. The measure in Idaho, which was signed by Gov. Butch Otter on March 19, would fine state or local officials who enforced federal gun control laws to fines of up to $1,000.
State legislators in Missouri and Idaho are trying to prevent the enforcement of federal gun control laws with a legal tactic called nullification – and if successful, the new laws could result in jail or fines for those who do enforce them.
The efforts in both states apparently were motivated by President Obama’s call for new federal gun control legislation last year
The measure in Idaho, signed by Gov. Butch Otter March 19, would subject state or local officials who enforced federal gun control laws to fines of up to $1,000. The new law prohibits state officials from enforcing “federal executive orders, agency orders, statutes, laws, rules, or regulations” enacted after March 19, the effective date of the new law. It passed the state Senate, 34-0 and the House, 68-0. It was SB 1332.
“By signing this nullification bill into law, Idaho has joined an elite class of states that are telling the feds to ‘get lost’ — especially when it comes to unconstitutional gun control infringements,” said Erich Pratt, director of communications for Gun Owners of America.
Tenth Amendment Center national communications director Mike Maharrey also applauded the Idaho law.
“This is an important first step for Idaho,” Maharrey said. “Getting this law passed will ensure that any new plans or executive orders that might be coming our way will not be enforced in Idaho. Then, once this method is established and shown to be effective, legislators can circle back and start doing the same for federal gun control already on the books. SB1332 is an important building block for protecting the 2nd Amendment in Idaho.”
How to hide your guns, and other off grid caches…
The new Idaho law rests on a doctrine called “anti-commandeering.” “Simply put,” the Tenth Amendment Center explained on its website, “the federal government cannot force states to help implement or enforce any federal act or program.”
And In Missouri, Too
Proposed legislation in Missouri would give state officials the power to arrest and jail federal agents trying to enforce federal gun laws. It passed the state Senate, 23-10.
“I am proud to say that we have passed arguably one of the strongest Second Amendment protections in the country,” State Sen. Brian Nieves (R-Washington), the sponsor of Missouri’s Second Amendment Protection Act told the Associated Press. Under the law federal agents could face a year in jail and a $1,000 fine for enforcing gun control legislation.
Governor Jay Nixon vetoed a similar bill last year, and the supporters were not able to get enough votes for a veto override.
Source: offthegridnews.com
Yesterday, the Kentucky Senate overwhelmingly approved an unconstitutional bill forbidding the enforcement of new federal gun safety laws:
Any federal law, rule, regulation, or order created on or after January 1, 2013, including any amendment or other change made after January 1, 2013, to a preexisting federal law, rule, regulation, or order, shall be unenforceable within the borders of Kentucky if the law, rule, regulation, order, amendment, or other change attempts to:
(a) Ban or restrict ownership of a semi-automatic firearm, magazine, or other firearm accessory; or
(b) Require any firearm, magazine, or other firearm accessory to be registered in any manner.
Nullification, the Nineteenth Century idea that states can simply declare federal laws invalid,cannot be squared with the Constitution’s declaration that federal law “shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.” Yet the sponsor of this unconstitutional bill, state Sen. Jared Carpenter (R-KY), claims that he can make an end-run around the Constitution because the command that duly-enacted federal law are supreme over state law “applies only if Congress is acting in pursuit of its constitutionally authorized powers, which he said wouldn’t apply to stricter gun measures.”
It is now firmly established by the Supreme Court in District of Columbia v. Heller in 2008 and in McDonald v. City of Chicago in 2010 that the Second Amendment enshrines an individual right to own and bear weapons for self defense. It is a matter of settled law what a “militia” is. In U. S. v. Miller in 1939 the Court ruled that the word militia was defined as “all males physically capable of acting in concert for the common defense;” and arms were defined as “equipment of the military which would be useful in the common defense.” That refutes all the argument of our loyal opposition that the militia refers to the National Guard and that no one “needs a 30-round magazine” [which they invariably refer to as a clip] to hunt. I’ve stopped arguing with those good folks who are opposed to the private, civilian ownership of firearms because they are, for the most part abjectly ignorant about the Second Amendment, specifically, or the Bill of Rights in general.
Love it… Jam it down Obuttplug’s ass or up, whichever way works best…
Correct me if I’m wrong, but didn’t the Civil War start like this? Nullification for the gun lobby? Traitors for the corporate profiteers is more like it. American first, gun owner second. We change the federal laws with our vote not with state sponsored seditious acts of treason, which is what nullification of federal law is.
ALL STATES NEED TO DO THIS…….DON’T MAKE LAWS AGAINST THE CONSTITUTION AND BILL OF RIGHTS!!
Wake up, Americans! Rise up Americans, and take back your rights!
Never, never, never allow a perverted
federal government to rob us of our GOD GIVEN FREEDOM!
you are so right larry the younger people don’t understand what they are faceing
They might as well be nullified in South Carolina because if they infringe on the 2nd amendment at all they will not be complied with
Thomas you seem to have it backwards if they are infringing on the 2nd Amendment that plainly states it shall not be infringed then they are being tyrannical and it not only our right to disobey unconstitutional laws and orders but our duty
Unconstitutional law is NO LAW. Refuse to comply. Period.
3 states have woke up,i hope the other 47 wake up before its too late