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Old 01-03-2013, 11:18 PM   #1
 
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Default I wish KY would pass something like this.

Indiana proposal to counter federal gun ban.

http://www.in.gov/apps/lsa/session/b...=SB&docno=0130
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Old 01-04-2013, 05:47 AM   #2
 
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I'd also like to see this come to Kentucky...
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Old 01-04-2013, 06:38 AM   #3
 
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I like it but isn't that kind of like states making pot legal? I mean if something is against Federal law it doesn't really matter what the state says... right?
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Old 01-04-2013, 06:50 AM   #4
 
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Ditto
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Old 01-04-2013, 07:08 AM   #5
 
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Quote:
Originally Posted by KentuckyOutpost View Post
I like it but isn't that kind of like states making pot legal? I mean if something is against Federal law it doesn't really matter what the state says... right?
Not the case at all.

The federal government is a product of the Constitution. It receives its power and authority via the Constitution, and within the Constitution are these two provisions which further explain the powers and authorities which are granted to the federal government:

Ninth Amendment:
Quote:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
....(so, just because there are some Rights mentioned in the Constitution, this does not mean this is ALL the Rights the People of this country possess. Note the Constitution nor the Bill of Rights GRANT any Rights of the People, but simply acknowledges the existence of Rights, and charges the government to protect and not infringe upon them.

Tenth Amendment:
Quote:
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.
....Just to make it clear to all, present and future, what the power of the newly formed federal government is, this Amendment was added. Basically, if a power or authority is not SPECIFICALLY granted to the federal government, then it is retained to the states and the People. The federal government has, over the course of many generations, usurped powers which it has not been granted.

Over the course of just a few years, over 40 states have introduced, and many passed, "10th Amendment Resolutions", asserting their position that the People, and the States retain the bulk of the power of the government, thus putting the federal government on notice.

Over the course of just a few years, ALL 50 states have legislatively asserted their position of power over the federal government, on one issue or another.

You can learn a ton more about this process, and the actions being taken by all the states, here: http://tenthamendmentcenter.com/

I highly suggest you look through the "Legislative Tracking" section.
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Old 01-04-2013, 07:22 AM   #6
 
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8 states have PASSED INTO LAW this very law. 20+ have introduced it: http://tenthamendmentcenter.com/null...s-freedom-act/

This same bill has been introduced in Kentucky, several times. I would be surprised if it is NOT already pre-filed in Kentucky for the 2013 legislative session. (just did a quick search, it appears it may not be pre-filed for 2013 )

I have spoken to one of the Representatives who introduced this bill in the past.

He simply stated that his normally pro-Second Amendment friends in the House did not support or co-sponsor his bill because "the people back home" were not asking them to do so.

It is as pure and simple as that.

Good legislation is being introduced in Kentucky (and every other state), but for the lack of interest and action on the part of the People, it falters and does not gain the legislative support it needs to pass, or even be voted on.

Telling your KFA buddies you would like to see this in KY is no more difficult than telling your representative. You did all the hard work, of actually typing what you wanted, and even linking example legislation. Now just copy your message to your representatives in KY.

You know they are going to work next week, so this information may be useful to your reps.

Remember, you have selected members of your community to represent you in Frankfort, on issues you find important. How cruel is it to ask someone to "represent you", but then withhold your wished outcomes from them?

That is like expecting your dog to pee outside, but never opening the door for him to get out. Who do you beat then? It ain't the dog's fault, that is for sure.
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Old 01-04-2013, 07:23 AM   #7
 
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I would also like to point out, that KY has many good firearm manufactures in this state. We could really reap the benefits of this legislation.
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Old 01-04-2013, 07:36 AM   #8
 
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I had the opportunity to speak with the fella who first introduced this legislation in the Montana legislature.

He was an interesting fella.

He explained to me that the TRUE aim of this legislation is NOT the Second Amendment, but the abuse of the Commerce Clause of the Constitution (you can read up on it a little, here: http://www.law.cornell.edu/wex/commerce_clause )

It is this Commerce Clause which the federal government has been abusing for generations to regulate the type of light bulb you can have, to the amount of water your toilet can flush, to imposing the largest government program ever created in the history of mankind...Obowma Care.

So the plan is to use a very specific, and very well established Right, to leverage control which as been usurped, away from the feds.

They have specifically NOT tried to operate under this new law (remember, 8 states have passed this law, but yet we don't hear about any of them exercising it), precisely because they want to build a grassroots infrastructure, as well as a coalition of state governments, to put up an unified front.

One, or a dozen states, all stepping out on their own, make it easy for the federal government to toss its considerable financial resources to squash them. Also, a handful of states can be singled out and this effort derailed.

However, if 20, or 30 states have such a law on the books, they would simply overwhelm the federal governments "enforcement" efforts.

Keep in mind that this single piece of legislation is not happening in a vacuum. There are many other related efforts going on as well, and even the marijuana issue can be seen as part of this.

However, the Sheriff's First legislation is part of this. The restriction upon the ability of the federal agencies to engage in actions in state/county without the expressed approval of the Sheriff, goes a long ways to putting some teeth to this sort of legislation.

Also, there are 5 states which have introduced legislation to limit the amount of taxes the federal government can collect, to the budgetary items which are directly authorized to the feds via the Constitution.

There are many other angles to this being worked...I am simply running out of time to detail them out.

I highly suggest you spend the time on the Tenth Amendment Center's web site, it is a very good source of information on these issues.
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Old 01-04-2013, 09:11 AM   #9
 
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Kentucky tried already

http://kyfirearmsfreedom.com/
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Old 01-04-2013, 12:33 PM   #10
 
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Would be nice. All of these useless firearm restrictions they try to put in place do nothing but keep honest citizens from protecting themselves.
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Old 01-04-2013, 01:26 PM   #11
 
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Its pretty much all about control. Things have gotten out of hand, and its good to see that some states are trying to stand up and say 'no more'
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Old 01-04-2013, 11:10 PM   #12
 
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Fwiw, Virginia passed this same legislation 2 years ago. :)
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Old 01-04-2013, 11:32 PM   #13
 
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Quote:
Originally Posted by TRAVR6 View Post
Kentucky tried already

http://kyfirearmsfreedom.com/
Guess we can quit then.
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Old 01-05-2013, 10:33 AM   #14
 
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+1 for hoping Kentucky would pass this bill.

We truly would have great benefits as owners of firearms produced in state.
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Old 01-08-2013, 12:10 PM   #15
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+1 hoping for ky also
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Old 01-08-2013, 12:54 PM   #16
 
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Here is another, better twist on this effort:

http://tracking.tenthamendmentcenter.com/2ndamendment/ Yet to be introduced in a state, but time may reveal some action.

A law which essentially nullifies all federal gun laws in a state. This IS the real legislation which needs to be passed.

Text of the model legislation:


AN ACT, which shall be known and may be cited as the “2nd Amendment Preservation Act.”

To prevent federal infringement on the right to keep and bear arms; nullifying all federal acts in violation of the 2nd Amendment to the Constitution of the United States.

THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:

SECTION 1 The legislature of the State of ____________ finds that:

A. The 2nd Amendment to the Constitution of the United States reads as follows, “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.”

B. All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment

SECTION 2 PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS

A. The Legislature of the State of _______________ declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States 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 this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.

SECTION 3 EFFECTIVE DATE

A. This act takes effect upon approval by the Governor.
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Old 01-08-2013, 11:42 PM   #17
 
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Quote:
Originally Posted by TRAVR6 View Post
Kentucky tried already

http://kyfirearmsfreedom.com/
Bummer
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