Texas and Alaska Proposes Bills to Opt Out of Federal Firearms Laws
- Author Aurelia Masterson
- Published July 10, 2009
- Word count 1,222
Executive Summary – There are now bills in the Texas and Alaska legislatures to exempt from Federal regulation firearms made and sold inside the respective states. The bills would not apply to firearms not made in the state or made in the state and sold outside of the state. These bills are very similar to the bill voted and signed into law in Montana. They are also similar to the bill proposed recently by Tennessee.
Texas Bill – This bill exempts from federal regulation firearms, accessories and ammunition made in the state of Texas intended for sale within Texas. This bill requires the State of Texas to pay for the defense of the Texas citizens if prosecuted by the Fed for firearms violations that this bill allows for. This means the State of Texas would throw the book at the Fed with a barrage of lawyers and seek a ruling that was favorable. It is really impossible for Texas to lose unless the Federal judges throw the case illegally.
The constitution has no provision for Federal gun control and to the contrary provides for gun ownership rights. These rights are specifically intended for military weapons, not hunting guns as one can glean from the use of the term "militia". Militia is not a word used to describe foxhunts. If Texas got their favorable ruling they would attempt to use this to recover legal fees from the Fed. The decision would also be used to cookie cutter more favorable judgments. When other states saw this they too would pass similar laws. It is more likely the Fed would pick a case and jurisdiction where they could rely on the judge to throw the case their way.
This of course sets the stage for secession. Texas would have to blatantly accept an insulting and illegal ruling or just throw in the towel and secede. The constitution specifically grants certain rights to the fed and any other rights are reserved to the states. The fed can jump in and try to control firearm sales by screaming it is interstate commerce. This is a fact. Now when the guns are made and sold in Texas only there is no legal basis for the fed to step in and try to regulate them. A line has been drawn in the sand.
Alaska Firearms Freedom Act – This great piece of legislation was passed by the Alaska house 32 to 7 and now moves on the their senate for passage. The outlook is encouraging. This bill basically charges the Federal government with using the Interstate Commerce Clause and US Code 18 USC 922 as an excuse for them to regulate firearms that are involved in interstate commerce. We all know the goal of gun control is to confiscate privately owned guns. This bill calls for the State of Alaska Attorney General to defend any firearms manufacturer located inside of Alaska that is charged by the Fed when they a re compliant with the soon to be new Alaska law.
The Anti-Gun Fed Marches On - A member of the US house of Representative, Peter King of NY, has sponsored H.R. 219. The name of this bill is "The Denying Firearms and Explosives to Dangerous Terrorists Act of 2009". This absurd bill wishes to deny transfers of a firearm to any known or suspected dangerous terrorist. This is basically a way for the fed to stop anyone they want from getting a new gun by treating them as suspected terrorists. This can be anyone opposed to Obama, a pro-gun rights person, etc. It does not call for confiscation of existing firearms. This would be like the much abused no fly list. If any bureaucrat wishes you to be on the list, that is that. They never tell you that you are on the list. Because of nonsense like this the states rights firearms laws are needed or they will eventually get the guns.
Discussion – Well I always said Obama is the perfect President for secession. The states gun rights bills are a line in the sand. The Fed cannot safely move on to their next level of control unless they get the guns out of private hands. Obama causes a flurry of gun and ammo sales. Seems like people do not trust this junior inexperienced senator with birth certificate problems. Someone with a lot of money thrust this inexperienced guy at the public. He played well. He talked well. He has a personality. He slung a good line of promises, which he promptly broke. He magnified the money supply by a lot. He basically did nothing to even stop the freefall in the economy.
In a word he is a joke and he is there because he played well at the polls. Obama may not be with us much longer. His college transcripts at Occidental College showed his application for a Fulbright Scholarship, which is only available to a foreigner. His Grandmother says she witnessed his birth in Kenya. The Kenya government said his birthplace was going to be a monument in Kenya. Then someone told them a naturalized person cannot be President of the USA and then the birth records became classified as secret. The Supreme Court has finally agreed to review one of the cases on appeal regarding Obama not being qualified to be President by nature of his birth. Obama is going to have a lot of trouble remaining in office and this is a shame.
He is like the perfect storm, something that rarely ever occurs. Just what we needed to spur secession of the states from the union. He is insecure. He is buried with massive problems and running scared from the threat of riots. He is going to have a tendency to not deal with states rights. People in glass houses should not throw stones. He has a lot of problems even hanging onto his Presidency so the last thing he needs is for the states to bring his flaky citizenship issues into the legal fight over states rights thus magnifying the problems to the point where they make it to the headlines in the major papers. Another possibility is Obama will resign. He would not be prosecuted and then they would not have to void all of the bills he signed. Then there would be a transition government and probably a new election. This would be another wonderful time for more states rights bills and of course secession.
If the states get the fed out of their guns then the concept could be expanded. States could coin lawful silver and gold money. States could prohibit Federal Reserve notes. States could attack the federal debt as fraudulent and deny it. Stop income taxes. All sorts of wonderful possibilities.
The media says the states right gun laws are a legal challenge to the fed. This is a lie. What it is simply a way to defend themselves against a government saying they are empowered by the constitution and then not agreeing to abide by what rights the constitution grants them and to the individual states. Usurping power illegally is the term. The federal government does not want private citizens to have guns but they a re sure fond of them and spend fortunes on getting the latest and greatest weaponry. It is guns they respect and fear.
-Aurelia Masterson, www.panamalaw.org
Aurelia Masterson is an associate of Panama Legal law firm (http://www.panamalaw.org). She has years of experience in the field and now shares her observations of current events, politics, and law with the Internet community. She can be contacted at: aurelia@panamalaw.org.
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