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Broken Arrow lawmaker's bill would defy federal gun laws
Tulsa World ^ | 1/18/2013 5:36 AM | By RANDY KREHBIEL World Staff Writer

Posted on 01/19/2013 12:17:34 PM PST by ImJustAnotherOkie

A freshman state senator from Broken Arrow has filed legislation challenging the federal government's authority to regulate weapons in any way.

Sen. Nathan Dahm's Senate Bill 548 says that "the 2nd Amendment guarantees an individual right to keep and bear arms free from infringement; that federal acts, laws, orders, rules, regulations, bans, or registration requirements regarding firearms constitute an infringement on the individual right, 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 the State of Oklahoma, shall not be recognized by this state, are specially rejected by this state, and shall be considered null and void and of no effect in this state."

Dahm said he believes that the U.S. Constitution prohibits the federal government from imposing any restrictions on guns in any way.

"The Constitution says, 'The right to bear arms shall not be infringed,' " he said.

The precise meaning of the 2nd Amendment - which says in full that "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" - is hotly debated. Dahm said it should be up to states to decide which federal gun laws it will enforce.

The bill also makes trying to enforce a federal law deemed unacceptable by the state a felony punishable by as much as five years in prison and a $5,000 fine.

Dahm said the bill was requested in December, long before the gun control measures proposed Wednesday by President Barack Obama, but that he "tweaked" it in anticipation of Obama's response to the Dec. 14 shooting deaths of 20 children and six adults at a school in Newtown, Conn.

Dahm said Obama's program of legislation and executive orders is "not about curbing gun violence, it is about controlling guns."

Dahm introduced two other gun-related bills. One, SB 401 contradicts a federal law banning guns within 1,000 feet of a school. Dahm's bill would allow "a person who has not been convicted of a violent felony crime and who is lawfully able to own or possess a firearm under the Oklahoma Constitution" to carry firearms inside the gun-free zone.

Dahm said the bill's primary intent is preventing people from being prosecuted for inadvertently violating the federal law.

SB 552 would allow nonfelons 21 or older to carry pistols in their vehicles for protection.

Several other gun-related bills have been filed ahead of Thursday's deadline for this session, including a House bill with 15 sponsors that declares any guns or ammunition manufactured in the state for use in the state exempt from federal regulation.

The measure is similar to one adopted by Montana in 2009. That law is widely seen as a challenge to federal authority on firearms.

A federal district judge rejected a challenge to that law on technical grounds without addressing the core issue. The matter is on appeal with the Ninth Circuit.


TOPICS: Constitution/Conservatism; Government; US: Oklahoma
KEYWORDS: banglist; guncontrol; guns; nra; secondamendment; wewillnotcomply; youwillnotdisarmus

1 posted on 01/19/2013 12:17:51 PM PST by ImJustAnotherOkie
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To: ImJustAnotherOkie
I believe he has the right of it.
2 posted on 01/19/2013 12:25:23 PM PST by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: ImJustAnotherOkie

“The bill also makes trying to enforce a federal law deemed unacceptable by the state a felony punishable by as much as five years in prison and a $5,000 fine.”

The felony part is significant because if a death occurs in the commission of a felony (in most states anyway), the perp is guilty of murder.


3 posted on 01/19/2013 12:32:50 PM PST by babygene ( .)
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To: ImJustAnotherOkie
oken Arrow lawmaker's bill would defy federal gun laws

oken Arrow?

4 posted on 01/19/2013 12:38:10 PM PST by Isabel C.
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To: ImJustAnotherOkie
All federal gun laws are unconstitutional and any restriction is up to States. Even so the State cannot disobey the Constitution therefore the States have to be very careful not to prohibit my ownership of a gun. Even gun registration is illegal since it is an evasion of privacy.
5 posted on 01/19/2013 12:41:24 PM PST by Logical me
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To: ImJustAnotherOkie
I'll vote for him. Too bad I'm in Colorado, I don't have a free ride to OK and I'm not a democrat. Other than that, I'll vote for him.

FMCDH(BITS)

6 posted on 01/19/2013 12:50:12 PM PST by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Isabel C.

oken Arrow?

Yes the first couple letters wuz broken off’n it.


7 posted on 01/19/2013 12:50:22 PM PST by Fightin Whitey
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To: Logical me
It's not up to the states. Note that the First Amendment says "Congress shall make no law ... " which leaves the doors open for states and municipalities to ban books, religions or free exercise thereof, etc., while the Second Amendment says, flatly and without exception, "the right of the people ... shall not be infringed." The latter doesn't only constrain Congress, it constrains all legislative bodies.
8 posted on 01/19/2013 1:03:17 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: ImJustAnotherOkie

Five years and $5000 fine for any agent trying to enforce federal law.

I’d just strip them naked, drive them to the state line, and leave them standing on the side of the road.


9 posted on 01/19/2013 1:08:41 PM PST by lurk
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To: ImJustAnotherOkie

bttt


10 posted on 01/19/2013 1:52:50 PM PST by TEXOKIE (We must surrender only to our Holy God and never to the evil that has befallen us.)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks ImJustAnotherOkie.
Sen. Nathan Dahm's Senate Bill 548 says that "the 2nd Amendment guarantees an individual right to keep and bear arms free from infringement; that federal acts, laws, orders, rules, regulations, bans, or registration requirements regarding firearms constitute an infringement on the individual right, 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 the State of Oklahoma, shall not be recognized by this state, are specially rejected by this state, and shall be considered null and void and of no effect in this state."

11 posted on 01/19/2013 1:58:44 PM PST by SunkenCiv (Romney would have been worse, if you're a dumb ass.)
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To: lurk

“I’d just strip them naked, drive them to the state line, and leave them standing on the side of the road.”

Problem is, they are probably your next door neighbor who works for Uncle Sam! I for one hope the Heartland States do pass these Tenth Amendment statutes and if push comes to shove, they enforce them to the fullest extent of the law!


12 posted on 01/19/2013 2:00:34 PM PST by vette6387
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To: ImJustAnotherOkie

The way I see it is this, though some liberal states don’t nor ever will go this way of thinking the more Constitutional correct states are bound by the 2a to enact basically the Swiss model of teaching able bodied citizens and supplying them with the current in use weaponry as the standing army.

Thus equalizing the threat of a standing army of coming into each state under orders from a misaligned wrong direction leadership of the highest office in the nation.

It falls upon the lowest levels of the counties and sheriffs to call to arms able bodied citizens to keep “regulated” wich is parlance of learning military rules, chain of commands and weapons training.

These states are to have also the allowance of any irregular militia, or private militia. And that they too must be allowed to be called for, history of the Revolutionary war had many “irregulars” of non standing army conscripts, these were your working class, the teachers, the bakers, the blacksmiths of then.

But for every attempt to organize ANY militia the feds will attempt to discredit them through suggestive acts of violence to negate their growing acceptance by the citizens.


13 posted on 01/19/2013 2:08:20 PM PST by Eye of Unk (AR2 2013 is the American Revolution part 2 of 2013)
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To: ImJustAnotherOkie

This administration is sowing the seeds of anarchy with totalitarian actions. I’m sure this has been anticipated.


14 posted on 01/19/2013 2:25:34 PM PST by ImJustAnotherOkie (zerogottago)
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To: ImJustAnotherOkie
Looking at the 2nd Amendment alone is insufficient. The only powers Congress has are those enumerated in Article 1, Section 8 of the Constitution. None of the enumerated powers of Congress include legislating about firearms.
15 posted on 01/19/2013 3:00:27 PM PST by JoeFromSidney ( New book: RESISTANCE TO TYRANNY. Buy from Amazon.)
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Comment #16 Removed by Moderator

To: Isabel C.

That would be Broken Arrow, OK...just outside of Tulsa. Very conservative populace and named one of the best areas in the US to live and retire.


17 posted on 01/19/2013 3:41:25 PM PST by A_Tradition_Continues (formerly known as Politicalwit ...05/28/98 Class of '98)
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To: ImJustAnotherOkie

He forgot to add the part where it cannot be reviewed by any Federal court. And that no federal court decision on the mater will be recognized in the state.


18 posted on 01/19/2013 4:10:14 PM PST by Revel
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To: Eye of Unk

“But for every attempt to organize ANY militia the feds will attempt to discredit them through suggestive acts of violence to negate their growing acceptance by the citizens.”

And states can designate federal fascist thugs in their territory as terrorists and disarm them and throw them in prison.

South Carolina, for example, has about 20 of Holder’s “peeples” facing up to 20 years in prison. And the little prick Holder has done nothing to rescue them.

Buckwheat’s power is limited.


19 posted on 01/19/2013 5:07:27 PM PST by sergeantdave (The FBI has declared war on the Marine Corps)
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To: babygene

The felony part is significant because if a death occurs in the commission of a felony (in most states anyway), the perp is guilty of murder.


I believe you can bring deadly force to bear on a felony in progress.


20 posted on 01/19/2013 7:10:13 PM PST by S.O.S121.500 ( Nothing so vexes me as a Democrat above ground...ENFORCE THE BILL OF RIGHTS.)
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To: lurk
Five years and $5000 fine for any agent trying to enforce federal law. I’d just strip them naked, drive them to the state line, and leave them standing on the side of the road.

Unless, of course, they are in possession of a firearm while committing a felony. In that case, the federal *Safe Streets Act* mandates the imposition of the maximum penalty.

United States Code, 18 USC §ection 241 - Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

21 posted on 01/19/2013 9:02:55 PM PST by archy
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To: S.O.S121.500
I believe you can bring deadly force to bear on a felony in progress. Correct, in most states. additionally, a public servant or governmental employee who commits a felony in the performance of his/her duties commits Official misconduct, and forfeits any accrued public retirement funds.
22 posted on 01/19/2013 9:05:12 PM PST by archy
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To: S.O.S121.500
I believe you can bring deadly force to bear on a felony in progress.

Correct, in most states. additionally, a public servant or governmental employee who commits a felony in the performance of his/her duties commits Official misconduct, and forfeits any accrued public retirement funds.

23 posted on 01/19/2013 9:06:04 PM PST by archy
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To: ImJustAnotherOkie

How can anyone interpret “SHALL NOT BE INFRINGED” in any other way?


24 posted on 01/20/2013 4:52:05 AM PST by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
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To: ImJustAnotherOkie
Good on him... But I would also put a provision in that states the following:

Any legislator that attempts to nullify or change any of the amendments to the standing Constitution is acting outside of his or her charter and has forfeited their position of elected office and having overstepped their oath is hereby removed from office and transferred to Gitmo to await trial for sedition and treason.

And since they have put it down on paper their treason is witnessed and qualified.

Summary execution happens the following business day.

All their assets are hereby seized and transferred to the newly created "Lock box"for military veterans who have suffered service connected disabilities.

Since it is patiently obvious that every sitting and former politician has violated this provision. fire up the C5a's to travel around the country gathering up these traitors for transit to Gitmo.

25 posted on 01/20/2013 5:01:56 AM PST by SERE_DOC ( “The beauty of the Second Amendment is that it will not be needed until they try to take it.” TJ.)
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To: lurk

Oh, come on! That would be cruel, unusual, and funny as hell! ;-)


26 posted on 01/20/2013 5:10:11 AM PST by TheOldLady
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