Skip to comments.Wyoming considering 2nd amendment nullification law - Jail Time for Federal Agents who violate
Posted on 02/16/2010 6:42:04 PM PST by Jeff Head
In 2009 Montana and Tennessee passed state laws for the 2nd amendment nullifying Federal efforts.
Now, Wyoming is on the verge of passing one with some teeth, and 21 other states are considering it.
Come on Idaho and Texas and all you others. Time to step up to the plate and restore the Constitution!
Wyoming State Representative Allen Jaggi has introduced a Firearms Freedom Act (FFA) for the state its filed as House Bill 95 (HB95).
While the FFAs title focuses on gun regulations, it has far more to do with the federal violations of the commerce clause.
If passed, the bill would provide that specified firearms that are manufactured, sold, purchased, possessed and used exclusively within Wyoming shall be exempt from federal regulation, including registration requirements
HB95 includes wording, that if passed, would impose penalties for violations of the law:
"Any 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, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not more than two (2) years, a fine of not more than ten thousand dollars ($10,000.00), or both."
FYI...State nullification and the 2nd amendment in Wyoming.
How will Bummer react to this? Waco II?
Yes we do.
Good to see you here BTW.
Sounds like a start.
I don't think Napolitano is half the man Reno was.
Great to see you here.
Thanks for the ping, glad to see you posting!
Now...if we can get this done, we can tell the FEDS to blow it up their asses with the income tax!
Great going Wyoming!
Come on now, even your signature validates it as a Constitutional amendment, not statute.
One constitutional step at a time. ;-)
Thanks to each of you. I have 2-3 weeks before that major surgery and will try and get some good points and posts in when I can and as I feel up to it.
Way to go WYOMING! Get ‘er passed!
Now we’re talking! Some TEETH.
Montana and other states need to follow up and do the same.
I don’t want to rain on anybody’s parade. Just curious though, has anything similar to this ever gone down in American history without the USSC presuming to nullify IT in turn? Does Wyoming want to play General Lee to Obama’s Lincoln?
Thanks for the ping!
Yes this is exactly what we need.
I always wanted an FA Casull! Like a Swiss vault.
I-I wish I wa-as in the land of cot-ton....
Considering the current makeup of the USSC, there is a chance.
“Does Wyoming want to play General Lee to Obamas Lincoln?”
I don’t know about Wyoming but I’m damn sure ready.
If 5 libertarian votes can be had... that would sure put egg on the Bummer’s face.
If it gets enough momentum and enough states do it...it will be Obama's waterloo.
>>They need to pass this ASAP and then enforce it. Feds who come into Wyoming attempting to enfringe Wyoming resident and Wyoming firearms rights will go to jail.
Doubtful. This issue has already been decided by SCOTUS in ‘In re Neagle’.
Than you my FRiend. Good to be on FR this evening...if even for a little while.
I like these laws and agree with them.
Unfortunately it is settled law that Federal laws prevail when there is conflict. I don’t agree with that idea and think it goes against the Constitution but unfortunately that is the way it is.
Think Bummer might not try to actually challenge an issue with such widespread support, but would suck it up and treat it as a plebiscite?
If Bummer’s reaction to the miracle election of Scott Brown was any indicator, this might be a tad optimistic.
Hey Jeff, how you doing?
We have passed the tipping point, and we owe it to Obama and the insane news media.
Lincoln had a line on the ground, but now its millions of dots on the map, and growing rapidly. The largest armed force on Earth is by far the gun owners of the U.S.
We shall see. If enough states do it, and start putting the people in jail involved in violating those wholly state laws, where the language of the law is specifically crafted to avoid commerce provisions (ie. the firearm is manufactured in the state, for state citizens, and never crosses state lines) and with the current Supreme Court...as I say, we shall see.
AMEN! AMEN! AMEN!
But these laws are written specifically to avoid the conflict. No commerce provisions apply. These firearms are manufactured, sold and used within the state and only be state citizens.
Jeff, you just get well; ya hear.....
Go Wyoming and the other states need to do this.
Headline is kinda misleading. I was wondering why Wyoming would want to nullify the 2nd.
I am ready to get down there to Houston and get 'er done, however it turns out. It's in God's hands and I trust Him and my Savior their will.
I don’t know if this is the same case, but something like that happened when the Feds went after a fugitive slave in the non slave recognizing state of Wisconsin. Wisconsin tried to put the Federal marshals coming after the slave in the hoosegow, but the USSC promptly sprung them and some Wisconsinites got their arses jailed and fined for their role in the affair.
Amen...and the tyrant wannabe's know it.
A big part of the most advanced military in the world in terms of our armed services are a subset of that bigger whole too...and they know that too.
I know and agree with you but during the Civil Rights era of the 60’s the commerce clause was stretched to cover absolutely everything. They will simply say the raw materials etc. came from interstate commerce, or maybe that the guns may eventually be sold interstate.
That is why I said I agree with the laws but those who have the power have made the law what they want it to be.
Best of luck Jeff. Keep you in our prayers.
Wouldn’t the Fedguv’s reaction to this be simply to have Congress to pass a law nullifying such provisions for punishment of Federal actors by states? (If that does not get frustrated by filibuster.) That would be more likely to get the Supremes’ nod than it would be likely to force the Supremes to revisit the extent of the commerce clause.
Where's the conflict? Commerce clause doesn't obtain, the commerce is all intrastate.
Waco I, required the cooperation of State Law enforcement and the State National guard. You not looking at that happing when the State is nullying the Federal act.
Most likely the Federal agents will just avoid operating in the state to avoid a confrontation which would be politically ugly for a man being accused of trying to be a dictator, and overstepping his authority on to the rights of the people.
In short the only thing the Feds can do about it is invade the State, with military forces, and that wont go over too well, particularity if a lot of States are doing the same thing.
So its very unlikely the feds will do much of anything, like in California they will probably just back off. Which is actually the best and most ideal thing to do, seeing as its not exactly lawlessness given its the State reclamation its legal authority as a state.
There is really no benefit to a confrontation for the Feds, all they can do is show their tyrannical(unconstitutional) hand.
The State of Wyoming will point to the United States Constitution which is very clear on the matter, people will read it and say by god their right. The Feds have absolutely no authority in this area. They don’t have a 15th and 15th amendment to point to in this case as they did in the 1960’s desegregation cases.
So this is legally pretty straightforward, even thou so called “lawyers” and judges who have aided and abed-ed the perversion of our constitution over the years into something that is all but the inverse of its original literal and demonstrated meaning.
Here the State is saying we don’t care about your nonsense, you are not the judge of your own authority, we are, and theses are OUR Rights your screwing with here! Theses things are important to us, stop screwing around with em!
Moot, unless the Supremes can be persuaded to favorably entertain the commerce clause dispute. (I’m not trolling here. This is something I’d like to see happen. But I don’t give three cheers to idiots jousting at windmills.)
I agree. Kinda pointless without defending the citizens that rely on the law with the might of the state. "Yeah, the feds are overstepping the Constitution, so we're declaring their laws null and void. But...if you rely on this, they can still arrest, prosecute, and imprison you, and we're OK with that."
Or unless the states refuse to accept the judgment of a branch of the federal government in a matter in which the federal government is one of the litigants. Maybe a tribunal of state judges from other states might have adequate credibility.
No doubt the locals have in mind confronting BATF agents and so forth. Instead they're actually up against window clerks and postmasters.
So, go to it guys try mailing bullets to your next door neighbors ~ USPS will simply cut off all service throughout the state for any and all purposes. The federal reserve clearing house banks will quit processing your checks (which are "letter mail" and are handled outside the mails under an exception written into law).
I think it's better to take over Congress, remove the usurpur, imprison his cronies and enablers, then UNWRITE all the unconstitutional federal laws.
Far less disruptive Fur Shur.
ROFLMAO! I leaned back and must have laughed at that for a full minute.