S 0224 Joint Resolution, By Davis
Summary: Not yet available
A JOINT RESOLUTION TO NULLIFY IN SOUTH CAROLINA ANY PRESIDENTIAL EXECUTIVE ORDER RESTRICTING, ABRIDGING, OR OTHERWISE INFRINGING UPON A CITIZEN'S SECOND AMENDMENT RIGHT TO KEEP AND BEAR ARMS.
Firearms Freedom Act Introduced in Florida
Introduced in the Florida House on July 6, 2009, the â€œFirearms Freedom Actâ€ (HB-21)Â seeks to provide “that specified firearms, firearm accessories, and ammunition for personal use manufactured in state are not subject to federal law or regulationâ€ in the State of Florida.
The bill is sponsored by Florida State Reps O’Toole and Plakon.Â They follow in the path of Montana, and Tennessee who have already passed such legislation.Â And they join with Utah, Texas, South Carolina and others who are considering it in an effort to limit federal regulation of guns, and specifically invoke the 9th and 10th Amendments as restrictions on federal power:
A bill to be entitled An act relating to regulation of firearms; creating s. 790.34, F.S.; creating the Florida Firearms Freedom Act; providing a short title; providing legislative findings; providing definitions; providing that specified firearms, firearm accessories, and ammunition for personal use manufactured in the state are not subject to federal law or regulation; providing that the importation into the state of specified parts and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, or ammunition to federal regulation; providing that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce; providing that specified firearm accessories imported into the state from another state do not subject a firearm to federal regulation under interstate commerce; providing legislative findings with respect thereto; providing exceptions; providing applicability; requiring that firearms manufactured and sold in the state must bear an indicia of manufacture by a specified date; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 790.34, Florida Statutes, is created to read:
a) The Tenth Amendment to the United States Constitution guarantees to the states and their citizens all powers not granted to the Federal Government elsewhere in the constitution and reserves to the State of Florida and its citizens certain powers as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.
(b) The regulation of intrastate commerce by the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the constitution and reserves to the State of Florida and its citizens certain rights as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845. 52
(c) The regulation of intrastate commerce is vested in the states under the Ninth Amendment and the Tenth Amendment to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the intrastate manufacture of firearms, firearm accessories, and ammunition.
(d) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Florida was admitted to statehood in 1845. The guaranty of that right is a matter of contract between the State of Florida and its citizens and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.
(e) Section 8, Article I of the Florida Constitution clearly secures to the citizens of Florida, and prohibits government interference with, the right of individual Florida citizens to keep and bear arms. This constitutional protection remains unchanged from the original Florida Constitution, which was approved by Congress and the people of Florida, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.
Short Title: An Act prohibiting certain firearms, firearm accessories or ammunition from being subject to Federal law or Federal regulation.
Prime Sponsor: Representative GABLER
Last Action: Referred to JUDICIARY, Feb. 17, 2011 [House]
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and §47-26-6, all to read as follows
A line was drawn in the sand last week – a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution.
(Editor’s note: A similar response was sent to Montana Firearms licenses on 07-16-09 as well)
Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power,Â the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7.Â The House companion bill, HB1796 previously passed the House by a vote of 87-1.
Governor Breseden allowed the bill to become law without signing.
The law states that â€œfederal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.â€
At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say-
â€œBe it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state â€“ enough is enough.Â Our founders fought too hard to ensure statesâ€™ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they donâ€™t belong.â€
The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to â€˜all Tennessee Federal Firearms Licenseesâ€™ in which it denounced the opinion of Beavers and the Tennessee legislature.Â ATF assistant director Carson W. Carroll wrote that â€˜Federal law supersedes the Actâ€™, and thus the ATF considers it meaningless.
Below is the full text of the letter sent last week by the ATF:
â€œU.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
OPEN LETTER TO ALL TENNESSEE
FEDERAL FIREARMS LICENSEES
The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (“FFL”). The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is dedicated to your success in meeting your requirements as a Federal firearms licensee. The following guidance is intended to assist you in accomplishing this goal.
The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 (“Act”), effective June 19, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.
As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. The information required must be recorded in the licensee’s records not later than the seventh day following the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunition have crossed state lines.
If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of ATF office phone numbers can be found at www.atf.gov... Carson W. Carroll, Assistant Director (Enforcement Programs and Services)â€
[Manner of passing bills; message of necessity for immediate vote]
§14. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon, in which case it must nevertheless be upon the desks of the members in final form, not necessarily printed, before its final passage; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the ayes and nays entered on the journal. (Formerly §15. Renumbered and amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 6, 2001.)
S2230-2013: Enacts the NY SAFE Act of 2013
Same as: A2388-2013 / Versions: S2230-2013 Print HTML Page / Print Original Bill Format / ShareThis/ Read or Leave Comments
Enacts the NY Secure Firearms and Ammunition Enforcement (SAFE) Act of 2013.
Sponsor: KLEIN / Co-sponsor(s): SMITH
Law Section: Criminal Procedure Law / Law: Amd SS330.20 & 530.14, add S380.96, CP L; amd S404, Cor L; amd SS842-a & 846-a, add SS446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd SS240 & 252, Dom Rel L; amd S837, Exec L; amd S212, Judy L; add Art 39-DDD S898, Gen Bus L; md SS7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add S9.46, Ment Hyg L; amd Pen L, generally, add S2509, SCPA; add S2801-b, amd S3602, Ed L; amd S18, Chap 408 of 1999
Jan 15, 2013: DELIVERED TO GOVERNOR
Jan 15, 2013: returned to senate
Jan 15, 2013: passed assembly
Jan 15, 2013: message of necessity - 3 day message
Jan 15, 2013: ordered to third reading rules cal.3
Jan 15, 2013: substituted for a2388
Jan 14, 2013: referred to codes
Jan 14, 2013: DELIVERED TO ASSEMBLY
Jan 14, 2013: PASSED SENATE
Jan 14, 2013: MESSAGE OF NECESSITY
Jan 14, 2013: ORDERED TO THIRD READING CAL.1
Jan 14, 2013: REFERRED TO RULES
Rules: Jan 14, 2013
Floor Calendar: Jan 14, 2013
VOTE: FLOOR VOTE: - Jan 14, 2013
A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.
new glock commercial making the rounds titled WRONG diner
Louisiana Could Have 'Strongest Second Amendment Law in the Nation' If Gun Law Ballot Question Passes
When it comes to the Second Amendment, Louisiana legislators are bringing out the biggest legal guns they can find. For Pelican State voters, Amendment II on the Nov. 6 Ballot asks voters if they want to change the phrasing of the “Right to Bear Arms,” as it is defined in Louisiana's State Constitution.
so they are trying to make it LOUD and clear how they feel about guns in Louisianan so score one for the good guys!
The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.” And the phrasing has remained that way since the current Constitution was enacted back in 1974. Changes to the current law were originally proposed in Senate Bill No. 303, which was introduced by Sen. Neil Riser (R-District 32). If it had been enacted as-is, the bill would have changed that original phrasing to the following: “The right of each citizen to acquire, keep, possess, transport, carry, transfer, and use arms for defense of life and liberty, and for all other legitimate purposes is fundamental and shall not be denied or infringed, and any restriction shall be subject to strict scrutiny.” According to the adjoining documentation, the phrase, “strict scrutiny,” means that any attempts or possible attempts to violate this statute—as it reads in the proposed amendment—would be subject to judicial action and review to determine the constitutionality of the action.
House Bill 205 would legalize the use of suppressors for all hunting. For more information on firearms and suppressors, click here. House Bill 304 would eliminate the need for a concealed weapon permit within city limits, which is already the law outside city limits. HB 304 would only apply to individuals who are “eligible to possess a handgun under state or federal law.” House Bill 358 would allow concealed weapon permit holders to carry a concealed firearm in banks, government buildings, restaurants and other places that serve alcohol; open carrying is currently allowed in these places. Additionally, House Bill 384, sponsored by state Representative Jerry O’Neil (R-3), was heard today by the House Judiciary Committee. This bill would provide clarification for suspension and expulsion procedures, and also provide that a firearm locked in a vehicle on school grounds does not constitute possession. This is an important legislative fix and protection for students who have firearms in their vehicles for hunting and shooting sport purposes. Action could be taken on this bill soon.