THis is great news for FREEDOM.
Rebellion in America heats up as 5th state exempts guns
Rebellion in America heats up as 5th state exempts guns
March 16, 2010 by Statesman Sentinel · 1 Comment
By Bob Unruh ? WorldNetDaily
A fifth state ? South Dakota ? has decided that guns made, sold and used within its
borders no longer are subject to the whims of the federal government through its
rule-making arm in the Bureau of Alcohol, Tobacco and Firearms, and two supporters of the
growing groundswell say they hope Washington soon will be taking note.
South Dakota Gov. Mike Rounds has signed into law his state?s version of a Firearms
Freedom Act that first was launched in Montana. It already is law there, in Tennessee,
Utah and Wyoming, which took the unusual step of specifying criminal penalties ?
including both fines and jail time ? for federal agents attempting to enforce a federal
law on a ?personal firearm? in the Cowboy State.
According to a report in the Dakota Voice, the new South Dakota law addresses the ?rights
of states which have been carelessly trampled by the federal government for decades.?
?As the federal government has radically overstepped is constitutional limitations in the
past year or so, an explosion of states have begun re-asserting their rights not only
with regard to firearms, but also in shielding themselves against government health care,
cap and trade global warming taxes, and more,? the report said.
South Dakota?s law specifically notes ?any firearm, firearm accessory, or ammunition that
is manufactured commercially or privately in South Dakota and that remains within the
borders of South Dakota is not subject to federal law or federal regulation, including
registration, under the authority of Congress to regulate interstate commerce.?
The provisions are nearly a mirror of the original law penned in Montana as well as those
adopted in subsequent decisions by Tennessee, Utah and Wyoming.
Gary Marbut of the Montana Shooting Sports Association spearheaded the Montana law and
now describes himself as a sort of ?godfather? to the national campaign.
He told WND the issue is not only about guns but about states? rights and the constant
overreaching by federal agencies and Washington to impose their requirements on in-state
Here are answers to all your questions about guns, ammunition and accessories.
He said he?s pleased South Dakota has become No. 5, and noted Alaska, Idaho and Oklahoma
all have legislation that is approaching the stage of being presented to a governor to be
made into law.
The Firearms Freedom Act website also reveals that other states either with pending
legislation or pending plans include Alabama, Arizona, Colorado, Florida, Georgia,
Indiana, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, New Hampshire, North
Carolina, Ohio, Pennsylvania, South Carolina, Texas, Virginia, Washington and West
Marbut said Washington appears to be reacting the same way it did when states legalized
marijuana or rejected the REAL ID national plan: by ignoring it.
?Ultimately we hope there will be lawsuits in other federal circuits, because there are
two things that predispose the U.S. Supreme Court to take a case: the national scope of
the issue and differing appellate decisions,? he told WND.
Michael Boldin of the Tenth Amendment Center said Washington likely is not anxious for a
?I think they?re going to let it ride, hoping some judge throws out the case,? he said
?When they really start paying attention is when people actually start following the
[state] firearms laws,? he said.
WND reported earlier when Wyoming joined the states with self-declared exemptions from
federal gun regulation.
But when Democratic Gov. Dave Freudenthal signed his state?s bill into law, it included
penalties for any agent of the U.S. who ?enforces or attempts to enforce? federal gun
rules on a ?personal firearm? in Wyoming including up to two years in prison and up to
$2,000 in fines.
The bellwether likely is to be a lawsuit pending over the Montana law, which was the
first to go into effect.
As WND reported, the action was filed by the Second Amendment Foundation and the Montana
Shooting Sports Association in U.S. District Court in Missoula, Mont., to validate the
principles and terms of the Montana Firearms Freedom Act, which took effect Oct. 3, 2009.
Marbut argues that the federal government was created by the states to serve the states
and the people, and it is time for the states to begin drawing boundaries for the federal
government and its agencies.
The government?s filing in the case demands its dismissal, citing a lacking of ?standing?
for the plaintiffs and the court?s lack of ?jurisdiction,? as well as the Constitution?s
Commerce clause. The government filing argues, ?The Supreme Court and Ninth Circuit have
repeatedly held that even purely intrastate activities, such as those the MFFA purports
to exempt from federal law, do affect interstate commerce and thus are within Congress?
power to regulate. As a result, even if plaintiffs had standing and jurisdiction existed,
plaintiffs? amended complaint fails to state a claim and must be dismissed.?
The Commerce Clause, however, can be interpreted to have been amended by the 10th
Amendment, which is part of the Bill of Rights, adopted subsequent to the U.S.
Constitution, Marbut explains.
His organization said, ?The Commerce Clause was amended ? by the 10th Amendment. It is a
bedrock principle of jurisprudence that for any conflict between provisions of a co-equal
body of law, the most recently enacted must be given deference as the most recent
expression of the enacting authority. This principle is ancient. Without this principle,
laws could not be amended or repealed.?
For example, U.S. courts repeatedly affirmed slavery before it ultimately was rejected.
There?s no question that the components of the Bill of Rights have authority: Just look
at the First Amendment, Marbut explained.
In an analysis by the Tenth Amendment Center, the gun laws were described as a
?Laws of the federal government are to be supreme in all matters pursuant to the
delegated powers of U.S. Constitution. When D.C. enacts laws outside those powers, state
laws trump. And, as Thomas Jefferson would say, when the federal government assumes
powers not delegated to it, those acts are ?unauthoritative, void, and of no force? from
the outset,? Boldin wrote.
?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,? he continued.
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