Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment

[Justin]

Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment*|*Tenth Amendment Center

In states around the country, there’s a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment. Already being considered in a number of state legislatures, and passed as law in Montana and Tennessee this year, the Firearms Freedom Act (FFA) is a state law that seeks to do just that.

The latest to join the FFA movement? Kentucky. Pre-filed for the 2010 legislative session, HB87 seeks to “Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky, marked made in Kentucky, and used in Kentucky, to specify that these items are exempt from federal law”

While the FFA’s title focuses on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government. The bills in state houses contain language such as the following:

“federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in [this state] and remains in [state]. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.”

NULLIFICATION

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 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.

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. 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.

ENOUGH IS ENOUGH

Supporters say the growth of such a movement is long overdue.

“For far too long elected officials and unelected bureaucrats at the federal level have passively forgotten or actively neglected the Tenth Amendment that guarantees rights not enumerated in the Constitution be left to the individual states,” said Minnesota State Rep. Tom Emmer, who introduced an FFA in his state. “The willful disregard of the Tenth Amendment in relation to a citizen’s right to bear arms isn’t the only constitutional infringement that we should be worried about, but it is one that has been singled out by the new administration.”

“Enough is enough,” urged Tennessee State Senator Mae Beavers. “Our founders fought too hard to ensure states’ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don’t belong.”

LITIGATION

In October, the Montana Shooting Sports Association (MSSA) and the Second Amendment Foundation (SAF) filed a lawsuit in federal court in Missoula, MT to validate the principles and terms of the Montana Firearms Freedom Act (MFFA).

“We feel very strongly that the federal government has gone way too far in attempting to regulate a lot of activity that occurs only in-state,” explained MSSA President Gary Marbut. “The Montana Legislature and governor agreed with us by enacting the MFFA. It’s time for Montana and her sister states to take a stand against the bullying federal government, which the Legislature and Governor have done and we are doing with this lawsuit. We welcome the support of many other states that are stepping up to the plate with their own firearms freedom acts.”

Even the most ardent supporters suggest that the real test will come if the federal courts rule against the FFA. Will they give up at that point, or will they follow in the footsteps of medical marijuana activists around the country?

The latter faced down nearly the entire federal apparatus – federal agencies who didn’t recognize state law, countless federal raids and arrests, and a Supreme Court that ruled against their cause in 2005. Even with such stacked odds, they persisted in their state-level efforts, and today, enough states have medical marijuana laws that the federal government is unable (or unwilling) to oppose them.

Only time will tell if gun rights activists have the same courage.

[Tom Joad]

Obama is not going to take your Guns away.

You right wingers need to get over it.

Because of all your paranoia Wal-Mart is always out of handgun ammo and the places I get my reloading components from are all on backorder.

It's really starting to piss me off.

[sinterest]

Originally Posted by Tom Joad

Obama is not going to take your Guns away.

You right wingers need to get over it.

Because of all your paranoia Wal-Mart is always out of handgun ammo and the places I get my reloading components from are all on backorder.

It's really starting to piss me off.

I recall seeing a program where progressive pansies were bragging how they shamed wal-mart into discontinuing selling hand gun ammo.

When we don't have any troops in other people's countries; when we stop wasting hundreds of billions of dollars on a stupid war on terrorism; when we get jobs for all; when we lock the wall street executives into - then flood the subways.......etc.

Only when we lift "the heavy load" should we waste time on the relatively trival matters that our media force feeds US daily.

[Tom Joad]

Originally Posted by sinterest

I recall seeing a program where progressive pansies were bragging how they shamed wal-mart into discontinuing selling hand gun ammo.

I doubt that's it.

At least not here.

They were sold out.

The irony is that they had a shitload of shotgun shells.

I'm thinking about picking up a Remington 870 pump with the 18 and 1/2 inch barrel.

Now that's cheap, but effective firepower.

[potter]

How much ya'll wanna bet the "they're gonna take your guns away" fearmongering is being pushed by the gun and ammo industry? Fearmongering has proven very lucrative for them and the dumber sheep are eating it up.


I've seen idiots with 20 - 30 guns and cases of ammo stashed..."just in case"

How much ya wanna bet it all get sold in a garage sale as "never used" when they die?

You're right Tom, nobody is trying to take their guns away...but they still believe the propaganda....

[Zan de Man]

20-30 guns? And I feel guilty because I have a sander that I use once in a blue moon. How much energy does it take to make a gun?

[elalumno]

You're right Tom, nobody is trying to take their guns away...

Nah, as usual tom is clueless.

Opposing Views: NEWS: Dianne Feinstein Talks Assault Weapon Ban on 60 Minutes

Now if you want to argue what the chances of success are, well that is different.

[Justin]

Resisting a gun ban isn't the point of these isn't the point of this movement...at least not the main point. What is important is the nullification implication.

By saying "what goes on in X state...and stays in X state...is not the business or under the jurisdiction of the federal government"...states are effectively partially nullifying federal law. This is incredibly important not just for conservatives, but also liberals who oppose the neoconservatives' bullshit.

[Zan de Man]

Yep. Just like them civil rights laws. An illegal imposition.

[sinterest]

Originally Posted by Tom Joad

I doubt that's it.

At least not here.

They were sold out.

The irony is that they had a shitload of shotgun shells.

I'm thinking about picking up a Remington 870 pump with the 18 and 1/2 inch barrel.

Now that's cheap, but effective firepower.

I googled. My bad - it was not walmart but kmart and micheal Moore managed to get that concession from them.

I have guns and am not concerned about others that do. I ain't worried about snail darters either. Fuck both extremes.

[Tom Joad]

Originally Posted by elalumno

Nah, as usual tom is clueless.

Opposing Views: NEWS: Dianne Feinstein Talks Assault Weapon Ban on 60 Minutes

If you had read my post, oh lo siento EL, no me aquerdo, no puede read.

Let me restart, if you had escuchayed to whomever reads this stuff to you, you would have heard that I said Obama, not Dianne, liberal gun grabber wannabee, but never in her dreams , Feinstein, wasn't trying to take away your guns.

Originally Posted by elalumno

Now if you want to argue what the chances of success are, well that is different.

Yeah, yo quierro to argue that.

I'll start:

"The chances of that happening are 'Nada"

That's Espanol for "Nada chance."

Ahora, feel free to retort.

[potter]

Originally Posted by elalumno

Nah, as usual tom is clueless.

Opposing Views: NEWS: Dianne Feinstein Talks Assault Weapon Ban on 60 Minutes

Now if you want to argue what the chances of success are, well that is different.

That is what I'm arguing. There are some far left liberal nuts that think gun control is what America wants (just like the loonie right thinks American doesn't want UHC)

[Sir Digalot]

if you take it a step further then soon we can offer assylum to murderers who hop state borders.

[potter]

I can see the point of the movement, however I think it's unfortunate that they chose a contraversial product such as guns for the test case. Another product may have had a better chence for setting a precident.

[Sir Digalot]

it's kentucky..... that state is screwed up anyway

[Underhill]

Originally Posted by Tom Joad

I doubt that's it.

At least not here.

They were sold out.

The irony is that they had a shitload of shotgun shells.

I'm thinking about picking up a Remington 870 pump with the 18 and 1/2 inch barrel.

Now that's cheap, but effective firepower.

I just bought an 870 Express. A lot of gun for the money. Mine has a 28 inch barrel and 3 chokes.

[Sir Digalot]

compensating?



j/k

[Sir Digalot]

heres mine

[Tom Joad]

Originally Posted by Underhill

Mine has a 28 inch barrel and 3 chokes.

You went for the dual use Home defense and Hunting I see.

[sinterest]

Originally Posted by Sir Digalot

if you take it a step further then soon we can offer assylum to murderers who hop state borders.

Yeah yeah...and since the cold war is over, we can disband national defense and turn our protection over to individual states. We will wipe out the deficite in no time when we turn the pentagon into a flee market.

And and, if states choose not to employ troops in countries over there, we may well defuse the "terrorist" zeal to fuck with us. If Texas wants to fuck with A rabs, let them raise their own money for doing so.

I think we are on to something here.