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The Federal Criminal Appeals blog reports on a decision from the Fourth Circuit Court of Appeals regarding when the government can use drug possession as an excuse to deny weapons-possession rights. In short, it can't just assert that there is a good reason to bar drug users from guns: it has to try to prove it. But the Court also seems to think such proof won't be too hard. Let's take a walk through the decision to see what happened and why the Fourth Circuit decided as it did: Following a police search that uncovered marijuana and firearms in Benjamin...

The feds continue to target medical marijuana dispensaries which otherwise are operating in accordance with state law. In Colorado federal prosecutors gave 23 dispensaries which are operating within 1,000 feet of a school 45 days to shut down or face criminal prosecution as reported by John Ingold for The Denver Post. They issued an identical ultimatum to medical marijuana dispensaries in California last October. The threats are not idle. The feds yesterday filed suit "to seize the building of a Sacramento dispensary, charging the marijuana store violated federal laws against drug transactions near schools" as reported by Peter Hecht for...

Between 1764 and the Declaration of Independence in 1776 Americans produced a rich series of pamphlets and resolutions listing their grievances against the central government of the British Empire. As I have pointed out before, reading those pamphlets is very helpful in understanding what the Constitution really means. And ignorance of them contributes to common constitutional mistakes. These pamphlets are particularly useful in comprehending the Founders’ version of federalism. This is because the constitutional balance between states and federal government partly reflected what the Founders had wanted the balance to be between colonies and imperial government. One of the most...

PHOENIX (AP) — A federal judge Friday dismissed Arizona Gov. Jan Brewer's lawsuit that accused the Obama administration of failing to enforce immigration laws or maintain control of her state's border with Mexico. The dismissal by U.S. District Judge Susan Bolton comes in a counter-lawsuit filed by Brewer as part of the Justice Department's challenge to Arizona's controversial immigration enforcement law. The Republican governor was seeking a court order that would require the federal government to take extra steps, such as more border fencing, to protect Arizona until the border is controlled. Bolton said Brewer's claim that Washington has failed...

Governors are more powerful than you might think; they could, today, radically change the political landscape for the country. I will now show just one way a governor could do so. Being that I live in New Mexico I will use that state in my examples; most states should have similar language in their Constitutions. First, declare a state of invasion; the New Mexico State Constitution gives the Governor such authority: Art V, Sec. 4 - [Governor’s executive power; commander of militia.] The supreme executive power of the state shall be vested in the governor, who shall take care that...

A June 24 column I wrote for Townhall.com highlighted the grassroots effort to defund Planned Parenthood one state at a time. At that time, I covered the fact that North Carolina’s legislation had overridden Gov. Beverly Perdue’s veto and passed a bill that cut funding to Planned Parenthood by approximately $434,000 annually. And while that was great news, on July 28, the legislature overrode another veto to enact even more encouraging measures for defenders of life throughout the country: an informed consent law which requires women “seeking an abortion in North Carolina…to wait 24 hours and be presented with an...

Dr. Susan Rutten Wasson sits on the corner of a bed in the cramped bedroom of Alice Johnson, a 91-year-old Osakis resident everyone calls "Grandma Alice." She's examining Johnson's arm, which is swollen, she's determined, because of a tight sleeve cuff. Also in the room are Alice's daughter, Ione, and granddaughter, Anne, who lives downstairs in the farmhouse Johnson has occupied for decades. A Rottweiler mix as big as a Shetland licks the face of 18-month-old Sarah, Rutten Wasson's daughter, who sits on the doctor's lap. It's more a scene from the days of frontier medicine than from the modern...

A bipartisan team of Reps. Barney Frank, D-Mass., and Ron Paul, R-Texas, will introduce federal legislation that would permit states to legalize, regulate, tax and control marijuana without federal interference. The legislation will be unveiled Thursday by Frank, an outspoken liberal Democrat, and the libertarian Paul, who is running for the 2012 Republican presidential nomination. The bill would limit the U.S. government role in marijuana enforcement to interdiction of cross-border or inter-state smuggling. Citizens would be able to legally grow, use or sell cannabis in states which have legalized the forbidden weed. The legislation is the first bill to be...

Recently, HR 1006, was created which is a statement of support for the 10th amendment to the Constitution. While we agree that Congress should respect the 10th amendment and states’ rights, it is disquieting to think that Congress actually needs to pass a bill that is a show of support for any part of the Constitution. Shouldn’t Congress respect all parts of the Constitution? Shouldn’t it always be “We the People” and WE start asserting our 9th and 10th amendment rights. We were very lucky to be ahead of the curve on these issues 40 or 50 years ago –...

The Montana House has overwhelmingly endorsed a plan to disregard the federal law protecting endangered and threatened species. Republicans enthused by Gov. Brian Schweitzer's recent tough talk on wolves led a 61-39 vote Saturday to nullify the federal Endangered Species Act in Montana. Tea party politics in the Legislature have spawned increasing belief in an 18th-century doctrine that purported to give states the ultimate say in constitutional matters...

BILLINGS - Defying federal authority over gray wolves, Montana Gov. Brian Schweitzer on Wednesday encouraged ranchers to kill wolves that prey on their livestock - even in areas where that is not currently allowed - and said the state will start shooting packs that hurt elk herds. Schweitzer said he no longer would wait for federal officials to resolve the tangle of lawsuits over wolves, which has kept the animals on the endangered species list for a decade since recovery goals were first met. "We will take action in Montana on our own," he said. "We've had it with Washington,...

GREENVILLE, S.C. -- Many South Carolina gun owners will be closely watching a bill that will come before the state Legislature in the new year. Sen. Lee Bright, of Spartanburg, filed a bill that would bring authority over gun rights and regulations to South Carolina rather than the federal government. The South Carolina Firearms Freedom Act would ensure that firearms manufactured in South Carolina, that stay in South Carolina, will not have to be federally regulated. "The state law will still be observed," Bright said. "We're not saying there shouldn't be any kind of regulation. We're just saying that it...

MISSOULA, MONT. --(Ammoland.com)- Plaintiffs in litigation to validate the principles of the Montana Firearms Freedom Act (MFFA) have appealed an expected but adverse federal district court decision to the Ninth Circuit Court of Appeals. The plaintiffs in MSSA v. Holder include the Montana Shooting Sports Association (MSSA), the Second Amendment Foundation (SAF), and MSSA President Gary Marbut of Missoula. The MFFA is designed to test the power of Congress to regulate everything without limits under the narrow power given to Congress in the Constitution to “regulate commerce … among the states.” The MFFA declares that any firearms, ammunition and firearm...

HELENA, Mont. -- A federal judge in Missoula is dismissing a lawsuit launched by gun rights advocates and states seeking freedom from federal gun laws. The decision from U.S. District Judge Donald Molloy was expected since his magistrate a month ago recommended tossing out the lawsuit.

As welcome signs go, it is one of the more unusual ones. And for visitors to Kiryas Joel, a small Jewish community in Orange County, New York State, it has provoked quite a reaction. For the sign doesn't just greet visitors, but warns them to dress appropriately for their visit, amongst other things. Written in both English and Spanish, the sign, posted by Congregation Yetev Lev at the entrances to the village, warns visitors to cover their legs and arms, maintain gender separation in public places and use appropriate language. The tradition in the villages of Satmar Hasidic Jews is...

Alaska has become the eighth state to declare that firearms made, sold and owned in the state are beyond the reach of the federal bureaucrats along the Potomac, with Gov. Sean Parnell's signature on the plan today. "The Alaska Firearms Freedom Act frees Alaskans from overly bureaucratic and restrictive federal firearm regulation, and allows our state to assume the responsibility for regulation," said Rep. Mike Kelly, the lead sponsor on the plan endorsed by lawmakers in the recently closed session of the Alaska Legislature. "The Interstate Commerce Clause is used by the federal government to regulate firearms that cross state...

The federal government is arguing in a gun-rights case pending in federal court in Montana that state plans to exempt in-state guns from various federal requirements themselves make the laws void, because the growing movement certainly would impact "interstate commerce." The government continues to argue to the court that the Commerce Clause in the U.S. Constitution should be the guiding rule for the coming decision. The argument plays down the significance of both the Second Amendment right to bear arms and the 10th Amendment provision that reserves to states all prerogatives not specifically granted the federal government in the Constitution....

HELENA, Mont. -- The Brady Center to Prevent Gun Violence is joining the federal government's fight to stop states that want to exempt themselves from national gun control laws, arguing the effort threatens public safety.The gun control advocates and the U.S. Department of Justice both filed new arguments Tuesday in the ongoing legal battle over federal gun control and states rights.The issue was sparked with the "firearm freedoms act" first enacted in Montana last year and subsequently in several other states, and is leading to a constitutional showdown over the reach of Congress into state borders.The states argue they should...

Call for Wyoming special legislative session gains little traction May 5, 2010 by Phil Noble Filed under Today's News by Phil Noble, Cowboy State Free Press Bureau Chief CHEYENNE — With great showmanship, U.S. Sen. John Barrasso, R-Wyo., hefted the 2,700 page national health care bill he and others call “Obamacare” and tossed it onto the stage at the Wyoming Republican State Convention in Sheridan last weekend, saying “it’s time we threw out this bill.” Others, like a Cheyenne woman who moved to Wyoming five years ago to escape what she saw as socialist tendencies of European countries, have taken...

OKLAHOMA CITY — Gov. Brad Henry on Tuesday vetoed a bill to exempt Oklahoma-made guns and ammunition from federal regulations, saying the measure would make it easier for criminals to obtain weapons and endanger citizens and law enforcement. Similar to laws passed in at least four other states, the "Oklahoma Firearms Freedom Act" states that firearms, gun accessories or ammunition produced in Oklahoma would not be subject to interstate commerce laws and federal regulations if the items remain in the state. The bill does not apply to certain large firearms and exploding ammunition. "I'm a strong supporter of the Second...

Lawmakers in Montana are suggesting that the courts should be deciding whether Congress has overstepped its authority in a dispute over a state exemption from federal regulations for guns made and sold inside state boundaries. "Should Congress enact a law that appears to conflict with the guidance in the [Montana Firearms Freedom Act], the courts may then determine whether Congress has acted within the scope of its delegated powers as limited by later amendments," an amicus brief on behalf of Montana legislators, said. "The courts may then determine the extent to which Congress's enactment has abrogated the state's execise of...

Governor Jan Brewer (R) today signed HB2307, Arizona's version of the Firearms Freedom Act, making Arizona the sixth state, behind Montana and Tennessee, who passed theirs in 2009, and Wyoming, Utah, and South Dakota which did so earlier this year.For those not familiar, the FFA is a Tenth Amendment as much as a gun rights issue, declaring firearms and accessories manufactured, sold and used within the state to be beyond the reach of federal regulation.After Montana and Tennessee had the audacity last year to pass legislation after actually having read the Constitution, the ATF sent a letter to FFL's in...

New Bill Requires State Attorney General To Sue The Federal Government If Health Care "Reform" Is Implemented Idaho’s governor C. L. Otter has signed a bill which nullifies any health care legislation passed by Congress and requires that state’s attorney general to file a lawsuit against the federal government if such legislation were to be imposed. The Idaho Health Freedom Act is the second bill of its type, following on the heels of a similar bill passed in Virginia on March 5. That state’s attorney general has said that he will sue the federal government if a health care “reform”...

Britain expels an Israeli diplomat on Tuesday to rebuke Israel for its alleged use of forged British passports in the assassination of a Hamas operative in a suspected Mossad hit, a UK government official said. Foreign Secretary David Miliband addressed Parliament over the issue, following an investigation into the use of 12 fake UK passports in the incident. The Foreign Secretary has said there are “compelling reasons” to believe Israel is behind the cloned British passports used by the alleged killers of a Hamas official in Dubai.

FEDERAL HEALTH CARE PLAN REMARKS March 22, 2010 It is not part of my job as the Attorney General of Colorado to weigh in on whether the Patient Protection and Affordability Health Care Act passed by Congress yesterday is good public policy. It is however, part of my job to defend the rights of the State of Colorado and its citizens from the exercise of federal power in violation of the United States Constitution. The U. S. Constitution gives the federal government only enumerated powers. All other powers are expressly left to the states and their people. One such enumerated...

COLUMBUS — President Barack Obama is expected to sign sweeping changes in the American health-care system on Tuesday, but a group of Ohioans Monday began the process of limiting its impact in this state. In a modern-day equivalent of declaring states' rights, the Ohio Liberty Council and the conservative Tea Party movement have launched an effort to amend the Ohio Constitution to declare that no law can force and individual, employer, or health-care provider in the state to participate in the national reforms. It would also prohibit anyone who refuses to participate, including those required to buy or provide insurance,...

WASHINGTON, March 19 (Reuters) - At least 15 U.S. states have sued the Environmental Protection Agency seeking to stop it from issuing rules controlling greenhouse gas emissions until it reexamines whether the pollution harms human health.

Contact phone number removed by me. -Cindy # Note: The following text is a quote: C.L. "BUTCH" OTTER GOVERNOR NEWS RELEASE FOR IMMEDIATE RELEASE March 17, 2010 10:023 GOVERNOR SIGNS IDAHO HEALTH FREEDOM ACT (BOISE) – Hailing it as a reflection of public dismay with Washington, D.C., and a clear expression of State sovereignty, Governor C.L. “Butch” Otter welcomed legislative sponsors to his office at the Capitol today for the signing of House Bill 391 – the Idaho Health Freedom Act. “Congress and the White House are working out their scheme for pushing through a healthcare ‘reform’ bill that has...

GREAT NEWS! March 16, 2010 I am so excited to report that there has been progress in moving the Health Care Freedom Act SJR25 forward to protect Missourians from federal health care mandates. Sen. Charlie Shields is putting the bill on the Senate calendar TODAY! Sen. Shields will address the "Check Up" rally tomorrow, so let's show our appreciation at that time with encouragement to the leadership and all the senators to do all they can to get SJR25 to a vote of The People! God Bless America,

A fifth state – South Dakota – has decided that guns made, sold and used within its borders no longer are subject to the whims of the federal government through its rule-making arm in the Bureau of Alcohol, Tobacco and Firearms, and two supporters of the growing groundswell say they hope Washington soon will be taking note. South Dakota Gov. Mike Rounds has signed into law his state's version of a Firearms Freedom Act that first was launched in Montana. It already is law there, in Tennessee, Utah and Wyoming, which took the unusual step of specifying criminal penalties –...

The South is rising again. Before I go any further, let me clarify. Sadly, too many in our country possess the superficial and ignorant perception that the only impetus behind southern secession was to perpetuate the abhorrent practice of slavery. Therefore, when they hear such a phrase, their kneejerk reaction tells them this must be about race. I assure you, it’s not. When the North invaded the South during the 1860s, it was to deny the southern states the ultimate expression of their sovereignty – the ability to withdraw from a union they had voluntarily joined. Interestingly, secession was a...

NINTH AMENDMENT to the US Constitution: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.TENTH AMENDMENT to the US Constitution: 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. As I have observed over the past few months the “State Sovereignty Movement” continues to sweep the nation with well over three-quarters of the fifty states taking action, through their respective state legislatures, re-establishing their “sovereignty”. It is being reported...

2 years in jail also possible for agent enforcing U.S. regulations on firearm Wyoming has joined a growing list of states with self-declared exemptions from federal gun regulation of weapons made, bought and used inside state borders – but lawmakers in the Cowboy State have taken the issue one step further, adopting significant penalties for federal agents attempting to enforce Washington's rules. According to a law signed into effect yesterday by Democratic Gov. Dave Freudenthal, any agent of the U.S. who "enforces or attempts to enforce" federal gun rules on a "personal firearm" in Wyoming faces a felony conviction and...

South Dakota --(AmmoLand.com)- The South Dakota Legislature has passed the South Dakota Firearms Freedom Act and that bill is enroute to the Governor’s desk. Governor Michael Rounds has indicated that he’s comfortable with the SDFFA and will sign the bill when it reaches his office. SD will make the fourth state that has enacted a clone of the Montana Firearms Freedom Act. Once the Wyoming and South Dakota governors sign their respective bills into law, they will join Montana, Tennessee and Utah with enacted laws.

Font Size: Default font size Larger font size Gov. Dave Freudenthal on Thursday signed into law a bill that seeks to exempt firearms made in Wyoming and used exclusively in the state from federal regulations, making the state the latest to try to undermine federal authority on gun regulation. Montana, Tennessee and Utah have already passed similar legislation to exempt firearms made in their states from federal regulations and Idaho and Alaska have been considering it. A lawsuit over the issue is brewing in Montana, where gun advocates are arguing that the state should decide which rules, if any, should...

Delegates Say They Want to Send a Strong Message to White House RICHMOND, Va. - Virginia's General Assembly is the first in the nation to approve legislation that bucks any attempt by President Barack Obama and Congress to implement the national health care overhaul in states like Virginia...

The United States government has filed a Motion to Dismiss the lawsuit filed by the Montana Shooting Sports Association and the Second Amendment Foundation. The suit was filed the support the Montana Firearms Freedom Act which declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The argument is that the Federal government has overstepped its authority in attempting to regulate and tax firearms that never cross a state border. The Feds counter that it is a valid exercise of commerse power because even sales of...

Posts on a number of threads at FR have correctly pointed out the damage done by many types of federal grants, dispensed with strings attached to states, and I’d been meaning to jot down some thoughts on the topic and respond. Of course, now I can’t find any of those threads, so I’ll just start one of my own. In reality, this is an issue of such importance it probably deserves its own thread. The offer of “federal funds” in exchange for the state taking some action desired by the feds is an implicit admission that it’s an issue on...

New Hampshire is considering a firearms freedom bill akin to those being considered in other states and already enacted in Montana and Tennessee, but with this provision added (this paragraph mine, not from article): "Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and...

Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment II 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. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor...

The February 2010 issue of GUNS Magazine is online, and a letter by NRA Life Member David Lundeen regarding my Firearms Freedom Act "Rights Watch" column caught my eye. He cited the September 2009 issue of their American Hunter magazine, and observed: [I]t is clearly stated “Firearms Freedom Act “ supporters have never planned to test these laws in criminal cases, and no one who puts himself in that situation should expect support from the NRA.” It's true. I'm a Life Member and get American Rifleman, and it's on page 18. Their rationale? [T]his kind of litigation faces major obstacles–mainly...

The Montana Firearm Freedom Act was signed into law in October of this year. Here is a recent update: http://www.montanasnewsstation.com/Global/story.asp?S=11610180. So how does this apply to Texas right now and in the near future?One of the strategic goals of the 10th amendment movement is the passage of a firearms bill in as many states as possible. The “Firearm Freedom Act” bills state that firearms manufactured in a state that are not sold or transferred across state lines are not subject to federal gun laws. In general, federal guns laws are based on the “commerce” clause in the Constitution. This means...

By now we have all heard the cliches and seen the posters from the “Tea Parties” espousing freedom, less government, and perhaps most of all, how the federal government had better back off trying to shove their national healthcare down our otherwise healthy throats. The truth of the matter is all the slogans of “Don’t Tread On Me” or “Give Me Liberty Or Give Me Death” or “We’re Mad As Hell And We’re Not Taking It Anymore,” don’t mean a thing when compared to reality; the real and actual answer to all the protests, marches, and outrage. The answer is...

The Pro-life Debate Between Bill Johnson and Rand Paul-- 10:10am, EST 9.02.09Press release from Bill Johnson's Senate Campaign... The Bill Johnson for U.S. Senate Campaign continues to run a low cost and fiscally responsible campaign.  Rand Paul, a doctor, and Trey Grayson, a lawyer, are engaged in a battle about who can raise and spend the most money in a primary campaign.  This conflict is typical Capitol Hill politics where tax and spend is the norm.  How much money is enough?  Instead of focusing on bank accounts, Johnson is concerned about Mr. Paul’s position on abortion as stated at the...

BOSTON — Massachusetts is suing the federal government over a law that defines marriage as a union between a man and a woman. State Attorney General Martha Coakley filed the lawsuit today in federal court in Boston. It says the federal Defense of Marriage Act interferes with the right of Massachusetts to define marriage as it sees fit.

Montana Governor Signs New Gun Law Executive Summary - The USA state of Montana has signed into power a revolutionary gun law. I mean REVOLUTIONARY. The State of Montana has defied the federal government and their gun laws. This will prompt a showdown between the federal government and the State of Montana. The federal government fears citizens owning guns. They try to curtail what types of guns they can own. The gun control laws all have one common goal - confiscation of privately owned firearms.