Bills to Block Federal Gun Control Pass in Two States This Week

Activist Post

Bills that would block federal gun control passed in two states this week.

Today, the Montana Senate gave final approval to a bill seeking to block enforcement of future federal gun control measures. The vote was 27-22.

Introduced by Rep. Art Wittich, House Bill 203 (HB203) prohibits the state “from enforcing, assisting in the enforcement of or otherwise cooperating in the enforcement of” a federal act enacted on or after Jan. 1, 2015 that “prohibits, restricts, or requires individual licensure for ownership, possession, transfer, or use of any firearm or any magazine or other ammunition feeding device.”

The bill passed the state House last month by a vote of 58-42 and will now head to the governor’s desk for his signature. If he does not sign or veto the legislation within 10 days of bill transmittal, HB203 will become law without his signature.

Wittich said the measure was necessary in light of recent executive orders coming from the White House.

“The bill’s critics initially claimed that HB203 was an unnecessary and speculative measure,” he said. “However, some of the recent actions by Congress and the Obama administration attacking the Second Amendment and firearms freedom make the passage of this bill more urgent and necessary than ever.”

A similar measure cleared the Arizona Senate 17-12 yesterday.

Introduced by Sen. Kelli Ward, Senate Bill 1330 (SB1330) would prohibit state agencies and employees from enforcing – or even assisting in the enforcement of – any new “federal act, law, order, rule or regulation” that restricts ownership of a personal firearm, firearm accessory or ammunition within Arizona.

“We have to remember as legislators, it’s our job to check unconstitutional federal laws that come into our state,” said Ward during debate on the bill Tuesday.

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LEGAL AND EFFECTIVE

Based on James Madison’s advice for states and individuals in Federalist 46, a “refusal to cooperate with officers of the Union” serves as an extremely effectively method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership in the states.

Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a recent televised discussion on the issue, he noted that a single state taking this step would make federal gun laws “nearly impossible” to enforce.

Both of these bills rest on a legal doctrine known as anti-commandeering, a principle upheld by the Supreme Court from 1842 to 2012. The Court has consistently held that the federal government cannot “commandeer” state resources or personnel. The landmark case was the 1997 decision in Printz v. US, where the Court held that local law enforcement could not be required to enforce the Brady Gun Control Act for the federal government.

Justice Scalia wrote the majority opinion.

The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.

As noted Georgetown Law Constitutional Scholar Randy Barnett has said, “This line of cases is now 20 years old and considered well settled.”

Several other states are considering similar bills, building momentum and support for the effort to block federal gun control at the state level.

“We know from experience that when ten or more states pass laws that seek to block federal acts, the federal government has an extremely difficult time with enforcement,” Michael Gibbs of ShallNot.org said.

The Tenth Amendment Center exists to promote and advance a return to a proper balance of power between federal and State governments envisioned by our founders, prescribed by the Constitution and explicitly declared in the Tenth Amendment. A national think tank based in Los Angeles, the Tenth Amendment Center works to preserve and protect the principle of strictly limited government through information, education, and activism.


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22 Comments on "Bills to Block Federal Gun Control Pass in Two States This Week"

  1. Gun control, so-called, is nothing more than “preemptive victim disarmament.”

    Government officials are nothing. They are not some special class of human being. They are no better than us. If anything, they are on average, inferior to us. They have no right to push us around and demand our money. They have no right to tell us what we may or may not own.

    The only reason they have gotten away with it for most of recorded history, is that We the Sheeple have been duped into thinking we need them to “keep us safe”.

    The reality? They are the ones we need to be kept safe from!

    The greatest mystery in the world is why people feel morally obligated
    to obey a gang of strangers, merely because the gang calls itself “The
    Government.” https://anenemyofthestate.wordpress.com/quotations-from-chairman-zhu/

    • WE the PEOPLE are the rightful masters of both Congress and the Courts, not to overthrow the government but to overthrow the men who would pervert THE CONSTITUTION! ! ! ! ! ! ! ! ! ! !

      • Socrates Wilde | March 15, 2015 at 11:03 am | Reply

        That ship sailed a long time ago.

        • And I guess you were on it if you go along to get along! ! ! ! ! ! !

          • Socrates Wilde | March 15, 2015 at 12:54 pm |

            Knee-jerk presumption that I’m a (so-called) “liberal.” Happens all the time from collectivist conservatives. (Ditto, but in reverse, from the pro(ag)ressives.)

            The notions that “‘We the people’ are The Government” and that “we” elect representatives to advocate for our interests are fictions. You can’t change anything by “electing the right people”; nor will anyone be saved by electing the right ‘leader” to the presidency.

            The American experiment in limited government has failed. Government never remains confined by its constitutional limits. Democracy is just another form of dictatorship. Conservatives are just as big a gang of socialists as the pro(ag)ressives. The Republic of Liberty has devolved into the neo-puritanical American welfare-warfare-police state. It must be dismantled and its detritus obliterated. As long as there is a State, peace freedom, and prosperity will never be.

            In what way am I “go[ing] along to get along”?

          • “Conservatives are just
            as big a gang of socialists as the pro(ag)ressives.”

            Unfortunately, that is true. Differing in degree is not differing in substance.

            Conservatives just don’t get it. The real divide is not between them and “liberals”.

            The real divide is between voluntaryists and statist/collectivists of all shades, including Republicans, and anyone else who still clings to the myth of authority. Even supporters of the Libertarian Party.

      • USMC-DAV: “We the people” are The Government. The Renegade Bunch in Washington are, in every way trying to dupe the general people out here in the cold-cold outside into believing that every bit of slime that pours forth from the federal Govt. is Gospel and that “We the people” are bound to accept their crap. That even includes the Legislature and Senate most of whom are Constitutionally illiterate. Otherwise much more would have been accomplished in doing what we elected them last Nov.

  2. It’s not that amazing how many traitors that vote ” no ” against the state bill.

  3. Why can’t this same “commandeering” of state resources argument also be used to stop Illegal immigrant amnesty, or even same sex marriage?

  4. WELL: At least Montana and Arizona have the people with big enough GONADS to tell OBAMA and crew that enough is enough and the Feds.& BATFE and OBAMA are not going to strip the people of their GOD GIVEN RIGHTS that men and women have FOUGHT and DIED FOR and to protect.!!

  5. I have read lot of comments on many articles, about regulations on many types of power grabs by BHO. I hear a few who know how we the people can stop this man the word is (Revolution). I wonder if there are enough people with enough guts and love for our country to fight, to stop BHO the socialist.

    • There are enough. However they are spread out throughout the landscape. There is no central staging point. This is a good thing as Obama has already declared Americans as potential terrorists. Rest assured if the there was truly a need for a revolution the patriots would rise. I fought for my country once and will gladly do so again. Veterans alone probably out number the standing Army 5 to 1. Many of witch were pushed out of the military by Obama.

      • Interesting point, did not consider number of vets compared to the standing army. I must say that I took a sigh of relief with that… In addition I would suppose an active military that will uphold the Constitution against all comers, including the NWO.

      • I ask every national guard person I come into contact with, if they would kill there fellow Americans,they all reply no. i would think I would get the same reply from most of the service personal, you notice I said most. I have no doubt there would be a few that would follow BHO. But we need to be prepared, Leadership and organization and communication .

        • My question is: Do the fellow Americans you mentioned support the Constitution and support democracy? Obama is anti-American and supports Islamic ideals. He negotiates with Iran(a nation that killed Americans). He fails to secure our borders. Is promotes racial unrest. He commits war crimes by releasing know terrorists. I ask you, is this the America I support? No Is this the America I pledged to defend? No True patriots will fight if it becomes necessary.

    • Oingo Boingo | March 14, 2015 at 1:45 pm | Reply

      What’s needed is a Tipping Point…a galvanizing event, the effects of which are inescapable, and a willingness to organize. A thorough understanding of Sun Tsu’s lessons and other political realists would also be a big help. When the American traditional “slow burn” flashes into raging fire, the vampire pirates that afflict us have no chance.
      Inspirational leader(s) and theorists, as those who rise when The Times call for them, like Washington, Jefferson, Paine and the other Founders, as well as other examples like JFK, Walesa, Bolivar, Garibaldi, and yes… even Hitler, are sure to be there when needed.
      The lessons of History demand it. Past is prologue.
      SMASH THE BOLSHEVIKS
      RESTORE THE REPUBLIC
      Let’s ROLL !

    • Every single military vet should and must stand up for the OATH WE took when we entered military service. LET’S MARCH on WASHiNGTON and really demand that Obasturd stand down and remove himself from office! ! ! ! ! ! ! ! ! ! ! ! ! Then WE can hold a civil trial and incarcerate this charlatan for his unconstitutional actions against the AMERICAN PEOPLE! ! ! ! ! ! !

  6. I am of the opinion the that the 2nd Amendment insures me I can arm my self. There should be no restrictions on my right to bear arms. All state and federal laws should be repealed. Take away the citizens guns, then the only persons with guns will be the criminals and/or government agencies. I believe
    our Fore Fathers saw taking away our guns as a threat to the individual, thus the 2nd Amendment. I do agree that improper use of a firearm should be enforced. States should have the authority to define improper use.

  7. He`s going to take guns just like pot and drugs (It`s never going to happen) the bad guys will always have guns.

  8. Be most interesting to see how this turns out.

  9. This type of legislation will never pass in this state of KALIPHONYA as every elected member is a liberal and progressive. Just look at the hoops a lawful citizen has to jump through to purchase a hand weapon (pistol). You need either a military ID stating you retired and it was honorable, take the handgun safety course which you have to pay for, or have a current hunting license, and take a written test ALl of which is an infringement of OUR CONSTITUTIONAL Right to bare arms.

  10. The only problem I have with it is it didn’t go far enough. Why only new unconstitutional federal laws? How about the ’34 and ’68 atrocities?

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