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Three Steps to Nullify Federal Gun Control

Written by Michael Boldin

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NOTE:  The following article is based off a speech given on June 8, 2013 at the Celebration of Liberty event in Topeka, KS.  While some of the nullification strategies are specific for Kansas, the general principles can and should be Three Guns for Home Securityapplied in every state of the country.

So NSA boss James Clapper is pretty irritated that he and his buddies got busted this week.  Here’s what he had to say, “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”

To these criminals, you being aware of what they’re doing is a bad thing.  And speaking of “reprehensible,” let’s talk a little bit about a Mr. Eric Holder.  Not only is his office tasked with defending the NSA in front of the secret courts that authorized this mass spying (wow, “secret court” sounds a little like something Stalin would’ve used, doesn’t it?), he also doesn’t like the idea of YOU having the right to keep and bear arms unless HE says it’s ok.

As many of you already know, our Supreme Leader Lord Holder threatened you in a letter to Governor Brownback.  Here’s a little of what Eric had to say:

“In purporting to override federal law and to criminalize the official acts of federal officers, SB102 directly conflicts with federal law and is therefore unconstitutional.”

This Holder guy has the arrogance to tell you – the People of Kansas – what your constitution means.  This hubris isn’t limited to Eric – it’s pervasive in the entire government.  On the NSA spying program, Barack Obama told us all not to worry.  It’s “legal” because Congress has reauthorized the program over and over.

The view of tyrants has been the same throughout history – if they do it, it’s ok.

But our buddy Eric Holder didn’t stop at just claiming kingly powers for himself.  He also decided to threaten you.

“I am writing to inform you that federal law enforcement agencies…will continue to execute their duties to enforce ALL federal firearms laws and regulations.  Moreover, the United States will take all appropriate action, including litigation if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing federal law.”

This is what power-mad criminals always do.  Holder and his criminal friends have been doing this for quite some time.  Back in 2009, his office sent a letter to the Oklahoma Attorney General’s office.  He used aggressive language, threatening to withhold Federal funds appropriated for Oklahoma.  The reason?  A proposed amendment to the State Constitution, which would have made English the official language of the State.

Regarding that letter to Oklahoma, Rob Natelson – one of the nation’s leading constitutional scholars – said this:

“During the 2nd century AD, Roman Emperors began to increasingly interfere with local government and they did this with…letters…letters that look something like this.  They started out as almost advisory and they got increasingly peremptory.  By the end of the 2nd century, there was very little local government left.

I look at this and I see this letter which gets close to looking like an order from the central government down to a sovereign state legislature, and I say…WOW!  This looks like something that Septimius Severus would have sent to the local officials.”

This is the arrogance of an emperor.

QUESTION

The question is this – What are you going to do about it?  Well, here’s a few options that are guaranteed to fail.  I’ve got a 100% guarantee on this.

  1. Vote the Bums out in Congress.  Well, people have been voting bums out for at least a century or more and we just keep getting more bums.
  2. Make the case in court.  Yeah, good luck with that.  You know, those people who ruled that inactivity was “taxable”? – Well I wouldn’t trust them with my garbage.
  3. March on DC!  – Sorry.  Only dogs begs for scraps.

I recommend a different direction and you’re already on that path.  No more waiting.  The time to nullify is now.

IN PRACTICE 

So let’s put that into practice.  And in order to do that, I want to review just a little about what you have as law here in the State of Kansas – it’s actually far broader and stronger than what most people think it is.

The 2nd Amendment Protection Act that Sam Brownback signed into law last month has two major parts:

a) A “firearms freedom act” component.  This is what most of the experts talk about as the entirety of the bill.  This part of the law exempts firearms manufactured within the state and sold within the state from federal laws and regulations under the Interstate commerce clause.  It also provides for criminal penalties for federal agents who attempt to violate this portion of the law.

The constitutional philosophy behind this is that these goods have not traveled in “interstate commerce” and are outside of federal purview.   Constitutionally-speaking, this is absolutely correct when considering the view of the founders instead of the living-breathing constitution that the federal courts have given us.

If this was the entirety of the law, it would be a great first step for you in Kansas.

But this is just one part of the 2nd Amendment Protection Act.    This other part – is just awesome – and with some work, could really have an impact in favor of your right to keep and bear arms.

It states, in part:

Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas

In conjunction with Section 6a, the bill defines what is meant by “the second amendment to the constitution of the United States,” and it isn’t based off a decision of the supreme court.

The second amendment to the constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861.

Based off this text, the state of Kansas is not allowed to enforce – since the law calls the acts “unenforceable” – any federal gun control measures that violate the 2nd Amendment as understood at the time that Kansas joined the Union in 1861.  And since there’s no evidence that the People of Kansas agreed to a Constitution that allowed the federal government to restrict the right to keep and bear arms in any way – that means all federal gun control laws, rules, regulations, treaties and orders are “unenforceable” in Kansas.

Don’t get me wrong, the feds are still going to WANT to enforce these so-called federal laws, but they rely so heavily on assistance and support from state and local government that a law banning everyone in the state from enforcing these federal acts will render the feds almost toothless.  Judge Andrew Napolitano has confirmed this recently, telling us that such widespread noncompliance in a state would make federal gun laws “nearly impossible to enforce.”

This is exactly what James Madison said we should be doing regarding constitutional violations.  In Federalist #46 he advised us to a few things, most prominently:

- refuse to cooperate with officers of the Union
- use “legislative devices” to create “very serious impediments”

Madison told us that if several adjoining States would do the same it “would present obstructions which the federal government would hardly be willing to encounter.”

In other words – the feds cannot enforce gun control in Kansas without the help of Kansas.

WHAT’S NEXT? 

Well, the state isn’t going to magically stop enforcing federal law.  Unless you get active and take steps to enforce this “unenforceable” section of the Kansas 2nd Amendment Protection Act, nothing will change.  Nothing – guaranteed.

But if you start to take action, and take action now, you can turn this mess around.  There are three things you need to accomplish to make your state the 2nd Amendment freedom state.

  1. Get your local community – city or town AND your county to pass a 2nd Amendment Preservation Ordinance.
  2. Once the state is blanketed with local communities passing these ordinances, get the state to follow up and expand the current law just a bit further.
  3. Taking James Madison’s advice – work with and support your neighboring states.

As far as the first two, Here at the TAC, we’ve already drafted legislation to do just that.  The Kansas Local 2nd Amendment Preservation Ordinance.  (other states here) Here’s the 2 most important excerpts:

Whereas, the (CITY, COUNTY, TOWN) of (NAME) affirms its support for the 2nd Amendment Protection Act by confirming that the 2nd Amendment to the Constitution of the United States, as understood at the time that Kansas entered the union in 1861, did not authorize the federal government to enact any laws, orders, rules or regulations, whatsoever, regarding the right to keep and bear arms; and

and

No agency of the (CITY, COUNTY, TOWN) of (NAME), or person in the employ of the (CITY, COUNTY, TOWN) of (NAME) shall enforce, provide material support for, or participate in any way in the enforcement of any act, law, treaty, order, rule or regulation of the government of the United States regarding personal firearms, firearm accessories, or ammunition within the boundaries of this (CITY, COUNTY, TOWN).

Things are already moving forward thanks to the tireless work of great patriots like Patricia Stoneking.   Plus good folks like Blake Branson, Rob Wood – and many others I should be mentioning.  The Sedgewick county commissioners already passed this as law.  And under the leadership of Mayor Kenny Chartier, the small town of Herndon passed Ordinance #510 last month – to fully ban local enforcement of federal gun laws.

Two down.  100 more to go?

Then you’ll take on the 2nd task and work to get the state legislature to do the same.  They should pass what should be an easy bill- one to expressly prohibit all state agents, agencies, employees and assets from ever participating in any way in the enforcement of any federal gun control measures.  All of them.  A total stand-down.

Finally, the third step, support your neighbors.  Instead of donating money to some 2016 presidential candidate?  Send $50 over to Missouri First – they followed your lead here in Kansas and got their state to pass a 2nd Amendment Preservation Act to nullify all federal gun control measures as well.  Support the group, Oklahoma Liberty.

Become a member and support the TAC!

CLOSING 

Three things.  That’s what you need to do.  Blanket the state and the entire region with laws like this – and federal gun control is as good as dead no matter what they try to pass in Washington DC.

I can assure you that facing down the evil empire is not going to be easy.  But easy is for losers.  I hope you’ll take this advice from Samuel Adams, the great agitator for liberty:

Instead of sitting down satisfied with the efforts we have already made, which is the wish of our enemies, the necessity of the times, more than ever, calls for our utmost deliberation, fortitude, and perseverance.

The time for waiting……is over.  The time to act…..is now.

Together, we can send a message to Eric Holder and all his successors – something that will shake their foundation and resonate through history.  We don’t need your stinkin’ permission to exercise our rights – we’re going to exercise them whether you want us to or not.

READ MORE from Tenth Amendment Center for your rights and how to be involved.

 

 

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