Wednesday, October 29, 2014
The State-Level Plan to Nullify Federal Gun Control
Posted by Charleston Voice
Want to stop federal gun control but don’t know where to start? Interested in solutions from the founding fathers? Looking for model legislation to get things done? The new ShallNot handbook for legislators and grassroots activists is the tool you need to protect the 2nd Amendment from federal abuse.
The ShallNot handbook serves as a guide to how the states can preserve the Second Amendment whether the politicians in Washington D.C., or the special interests that support them, want us to or not.
The Second Amendment to the Constitution for the United States reads, “the right of the people to keep and bear arms shall not be infringed.” Simply put, the federal government has no constitutional authority to restrict your right to keep and bear arms.
When the federal government places any restrictions on firearms it not only violates the Second Amendment but also the Tenth Amendment, which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
So what can we do when the federal government won’t respect its own limits?
James Madison, often referred to as “The Father of the Constitution,” wrote that when the federal government commits an unwarranted act, such as infringing on the right to keep and bear arms, or even a “warrantable act” that is simply unpopular, “the means of opposition to it are powerful and at hand.” Madison went on to outline several steps that states could take, including “refusal to cooperate with officers of the union.” He also envisioned “legislative devices, which would often be added on such occasions.”
In other words, Madison suggested that when the federal government passes “laws” that infringe on the right to keep and bear arms, the states should refuse to cooperate with their implementation and enforcement, and pass legislation directing its agencies and employees to refuse to lift a finger to assist the federal government in any way. Madison’s strategy was to stand down when asked to help enforce federal gun laws, rules, orders or regulations.
Without state cooperation, the practical effect of federal laws becomes severely limited. This is why Judge Andrew Napolitano recently said that a single state refusing to assist in the enforcement of federal gun laws or regulations would make them “nearly impossible to enforce” in that state.
The federal government simply doesn’t have the resources. And because of that, Madison’s advice not only holds true today, it carries even more weight and more practical impact than it did in his day.
By simply refusing to cooperate, states can target and defeat unconstitutional federal gun “laws,” rules, regulations and orders, preserving the Second Amendment, and protecting the natural right of Americans to own firearms.
State legislatures in Kansas, Alaska and more recently Idaho have all taken steps to preserve the Second Amendment.
Idaho was the first state to pass what we consider a step-one bill into law, with Gov. C.L. “Butch” Otter signing S.1332 in March 2014. The passage of Idaho’s law prohibiting state cooperation with any future federal firearms acts set the stage beautifully for further action in 2015 and beyond.
Idaho’s S.1332 should act as a model first step for states around the country in 2015.
We have developed model legislation for a step-one bill that can be adapted for passage in any state. The bill prohibits state cooperation with any future federal act relating to firearms and stipulates penalties for state agencies/employees that violate the state law.
Download the FREE 14-page ShallNot handbook at www.shallnot.org/plan and learn more about what YOU can do to help today.