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.
“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.
oken Arrow?
FMCDH(BITS)
oken Arrow?
Yes the first couple letters wuz broken off’n it.
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.
bttt
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."
“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!
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.
This administration is sowing the seeds of anarchy with totalitarian actions. I’m sure this has been anticipated.
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.
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.
“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.
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.
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