Twelve States To Jail Feds Who Violate The 2nd Amendment Or Nullify Federal Gun Control Laws

58233_360083770756311_1411830758_nTexas, Florida, South Carolina, Missouri, Indiana, Tennesee, Oklahoma, North Dakota, New Mexico, Arizona, Alaska and Wyoming have proposed legislation to either jail federal officials who violate the second amendment or to nullify federal laws to control guns within state borders. 

The 2nd Amendment Preservation Act is a state-level bill that renders all federal gun laws, regulations, rules, acts, orders, etc – null and void within the borders of the state. TRACK HERE

The Firearms Freedom Act declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the commerce clause, with firearms as the object. TRACK HERE

Introduced in Texas, House Bill 553 (HB553), is the Second Amendment Preservation Act. The bill reaffirms the 2nd Amendment, as intended, and would nullify potentially anything from the federal government that contravenes in the State of Texas.

It reads, in part:

all federal acts, laws, executive orders, agency orders, and rules or regulations of all kinds with the purpose, intent, or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore, infringes upon Texans’ right to bear arms in direct violation of the Second Amendment to the Constitution of the United States, and therefore, any such law is not made in pursuance of the Constitution, is not authorized by the Constitution, and thus, is not the supreme law of the land, and consequently, is invalid in this State and shall be further considered null and void and of no effect in this State.The bill goes further than just affirmation of the 2nd Amendment. It requires compliance by by state and federal agents.

A person who is a public servant commits an offense if the person, while acting under color of the person’s office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore.The legislation specifies that the new law would apply not just to state employees, but federal ones as well.

”Public servant,” includes an officer, employee, or agent of the United States; a branch, department, or agency of the United States; another person acting under a contract with a branch, department, or agency of the United States to provide a law enforcement or security service; or any other person acting under color of federal law.

Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal government on personal firearms, firearm accessories, and ammunition.

The bill states, in part:  “Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony.”

North Dakota Introduced by Rep. Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman

Introduced by Sen. Larsen, Miller, Sitte

A BILL for an Act to create and enact three new sections to chapter 62.1-01 of the North Dakota Century Code, relating to forbidding state governmental entities from providing aid and assistance to the federal government or any other governmental entity for the investigation, enforcement, and prosecution of federal firearms laws not in force as of January 1, 2013; to provide a penalty; to provide for retroactive application; and to declare an emergency.

Florida 2ND Amendment Preservation Act

THE PEOPLE OF THE STATE OF FLORIDA DO ENACT AS FOLLOWS:

STATEMENT OF INTENT – The intent of this legislation is to reject any and all power or influence or interference of and by the federal government regarding the the right to keep and bear arms (including ammunition); and to prohibit prohibit federal actors from infringing on these rights within the borders of FLORIDA; and to prohibit state employees in aiding the federal actors from infringing on these rights; and to provide felonious penalties of such.

SECTION 1 – THE LEGISLATURE OF THE STATE OF FLORIDA FINDS THAT:

(a) The 2nd Amendment to the Constitution of the United States reads as follows, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

(b) The Constitution of the United States does not provide the federal government with the authority to impose acts, laws, orders, rules, or regulations relating to civilian-owned firearms, firearm accessories, or ammunition.

(c) All federal acts, laws, orders, rules or regulations regarding civilian-owned firearms, firearm accessories, or ammunition are in violation of the 2nd Amendment to the United States Constitution and the 10th Amendment of the United States Constitution.
SECTION 2 – PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS

(a) The Legislature of the State of FLORIDA declares that all federal acts, laws, orders, rules, or regulations relating to civilian firearms, firearms accessories or ammunition – currently in effect at the time of passage of this act, or implemented after passage of this act – are in violation of the 2nd Amendment to the Constitution of the United States and are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
(b) Any federal act, law, order, rule, or regulation shall be unenforceable within the borders of Florida if the act, law, order, rule, or regulation does or attempts to:

(i) Ban, regulate, or restrict the civilian ownership, sale, transfer, or manufacture of a firearm, a firearm accessory, or ammunition; or
(ii) Require any civilian-owned firearm, firearm accessory, or ammunition to be registered in any manner; or
(iii) Imposes federal taxes or fees on any civilian-owned firearm, firearm accessory, or ammunition.

SECTION 3 – OFFENSES AND PENALTIES; DEFENSE OF Florida CITIZENS.
(a) Any public officer, employee, or agent of the State of Florida, or any employee of a corporation providing services to the State of Florida as defined in ___________, who enforces or attempts to enforce any act, law, order, statute, rule or regulation of the United States government relating to a civilian-owned firearm, firearm accessory or ammunition that is owned, sold, transferred, or manufactured commercially or privately in Florida shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not less than one (1) year and one (1) day or more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(b) Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a civilian-owned firearm, a firearm accessory, or ammunition that is owned, sold, transferred, or manufactured commercially or privately in Florida shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not less than one (1) year and one (1) day or more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(c) The Attorney General shall defend any civilian of Florida who is prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer, bearing, or possession of a civilian-owned firearm, a firearm accessory or ammunition owned, manufactured, or retained within the borders of Florida, and the Attorney General shall seek to invalidate any such federal law by all means available.

SECTION 4 – This act shall take effect upon being signed by the Governor

Wyoming H.B. No. 0104 Firearm Protection Act.

Sponsored by: KROEKER

AN ACT relating to firearms; providing that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in Wyoming; providing a penalty; and providing for an effective date.

Alaska:  HB 69

SPONSOR(S): REPRESENTATIVE(S) CHENAULT, Millett, Johnson, T.Wilson, Hawker, Olson, Feige, P.Wilson, Thompson, Keller, Gattis, Lynn, Saddler, Higgins, LeDoux, Foster

TITLE: “An Act exempting certain firearms and firearm accessories in this state from federal regulation; providing criminal penalties for federal officials who enforce or attempt to enforce a federal law, regulation, rule, or order regulating certain firearms and firearm accessories in this state; and providing for an effective date.”

South Carolina Senator Davis has filed SB 224 which is a Joint Resolution to Nullify Executive Orders infringing upon the second amendment, and the right to keep and bear arms. This Joint Resolution has been referred to the Senate Committee of Judiciary.

SB 224 states, “Any federal executive order restricting, abridging, or otherwise infringing upon the free exercise of a citizen’s second amendment right to keep and bear arms is unconstitutional and shall not be enforced by any federal, state, or local law enforcement agency within South Carolina.”

Senator Davis referenced District of Columbia v. Heller. This Supreme Court held that, “the Second Amendment protects an individual’s right to possess firearms and that the city’s total ban on handguns, as well as its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense, violated that right.”

Not even your home is sacred. After a new law gets passed, NY residents can be arrested for loading 8 rounds into their firearms, any time, any place. Only criminals and control freaks benefit from such arbitrary rules for law-abiding citizens.

13-3121.  Arizona firearms; prohibited enforcement of federal laws; representation by the attorney general; classification; definition

A.  A PUBLIC SERVANT OR A FEDERALLY LICENSED DEALER WHO SELLS FIREARMS IN THIS STATE SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE ANY ACT, LAW, STATUTE, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT RELATING TO A PERSONAL FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN THIS STATE AND THAT REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.

B.  AN OFFICIAL, AGENT OR EMPLOYEE OF THE UNITED STATES GOVERNMENT SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE ANY ACT, ORDER, LAW, STATUTE, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT RELATING TO A PERSONAL FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN THIS STATE AND THAT REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.

C.  THE ATTORNEY GENERAL MAY DEFEND A CITIZEN OF THIS STATE WHO IS PROSECUTED BY THE UNITED STATES GOVERNMENT FOR VIOLATION OF A FEDERAL LAW RELATING TO THE MANUFACTURE, SALE, TRANSFER OR POSSESSION OF A FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED AND THAT IS RETAINED EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.

D.  ANY FEDERAL LAW, RULE, REGULATION OR ORDER THAT IS EFFECTIVE ON OR AFTER JANUARY 1, 2013 IS UNENFORCEABLE WITHIN THE BORDERS OF THIS STATE IF THE LAW, RULE, REGULATION OR ORDER ATTEMPTS TO DO ANY OF THE FOLLOWING:

1.  BAN OR RESTRICT OWNERSHIP OF A SEMIAUTOMATIC FIREARM OR ANY MAGAZINE OF A FIREARM.

2.  REQUIRE ANY FIREARM, MAGAZINE OR OTHER FIREARM ACCESSORY TO BE REGISTERED IN ANY MANNER.

E.  A PERSON WHO VIOLATES SUBSECTION B OF THIS SECTION IS GUILTY OF A CLASS 6 FELONY.

F.  FOR THE PURPOSES OF THIS SECTION, “PUBLIC SERVANT” MEANS ANY OFFICER OR EMPLOYEE OF THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE, INCLUDING LEGISLATORS AND JUDGES, AND ANY PERSON WHO PARTICIPATES, AS JUROR, WITNESS, ADVISOR, CONSULTANT OR OTHERWISE, IN PERFORMING A GOVERNMENT FUNCTION.

New Mexico HB114 – Introduced 01-17-13

RELATING TO FIREARMS; PROHIBITING THE ENFORCEMENT OF FEDERAL FIREARM LAWS; PROVIDING FOR THE DEFENSE OF NEW MEXICO RESIDENTS BY THE ATTORNEY GENERAL; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. PROHIBITING ENFORCEMENT OF FEDERAL FIREARM LAWS–PROVIDING FOR THE LEGAL DEFENSE OF NEW MEXICO RESIDENTS–PROVIDING PENALTIES.–

A. A public officer or firearm dealer selling any firearm in New Mexico who enforces or attempts to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm or firearm accessory, or to ammunition, that is owned or is manufactured commercially or privately in New Mexico, and that remains exclusively within the borders of New Mexico, is guilty of a third degree felony and shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for a definite term not to exceed three years or both.

B. An 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 or firearm accessory, or upon ammunition, that is owned or is manufactured commercially or privately in New Mexico, and that remains exclusively within the borders of New Mexico, is guilty of a third degree felony and shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for a definite term not to exceed three years or both.

C. The attorney general may defend a resident of New Mexico who is prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm or firearm accessory or of ammunition owned or manufactured and retained exclusively within the borders of New Mexico.

D. Any federal law, rule, regulation or order created or effective on or after July 1, 2013 shall be unenforceable within the borders of New Mexico if the law, rule, regulation or order attempts to:

(1) ban or restrict ownership of a semi-automatic firearm or a magazine of a firearm; or

(2) require a firearm, magazine or other firearm accessory to be registered in any manner.

E. As used in this section:

(1) “ammunition” means a projectile expelled by action of an explosive from a firearm;

(2) “firearm” means any weapon that will or is designed to expel a projectile by the action of an explosive. “Firearm” shall not include any fully automatic weapon or any weapon designed to fire a rocket-propelled grenade or any explosive projectile;

(3) “firearm accessory” means an item that is used in conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, folding or aftermarket stocks and grips, speed loaders, ammunition carriers, optics for target identification and lights for target illumination;

(4) “firearm dealer” means a person engaged in the retail sale of firearms, firearm accessories or ammunition;

(5) “manufactured” means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including casting, machining, molding or other processes for working materials; and

(6) “public officer” means any officer or employee of the legislative, executive or judicial departments of the state or any of its agencies, and any officer or employee of any of the political subdivisions of the state.

Tennessee HB0042 – introduced 01-15-13 

Firearms and Ammunition – As introduced, prohibits the enforcement and prosecution of certain federal law implemented or executed on or after January 1, 2013, concerning certain firearms, firearm accessories or ammunition. – Amends TCA Title 4; Title 7; Title 8; Title 38; Title 39; Title 41; Title 49 and Title 62.

North Dakota  HB1183 – introduced 01-11-13

Introduced by Rep. Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman

Introduced by Sen. Larsen, Miller, Sitte

A BILL for an Act to create and enact three new sections to chapter 62.1-01 of the North Dakota Century Code, relating to forbidding state governmental entities from providing aid and assistance to the federal government or any other governmental entity for the investigation, enforcement, and prosecution of federal firearms laws not in force as of January 1, 2013; to provide a penalty; to provide for retroactive application; and to declare an emergency.

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