The Florida legislature will consider a bill that would prohibit any state agency from cooperating with enforcement of any federal gun laws – past, present or future.
Rep. Dan Eagle (R-Cape Coral) introduced HB733 on Monday. The Second Amendment Preservation Act declares that no agent of the state or its political subdivisions may participate with or assist federal agents in the enforcement of federal firearms laws, or provide material support of any kind to federal agents in the enforcement of these laws. State agents and/or contractors who knowingly participate in or provide support for the enforcement of federal firearms laws would be subject to dismissal.
“The Tenth Amendment to the United States Constitution expressly provides that all powers not delegated to the federal government are reserved to the states. Time and time again, Florida has proven that we have the best solutions to our own issues, whether it be healthcare, education, or our balanced budget, which is accomplished without raising taxes. When it comes to protecting our fundamental Second Amendment rights guaranteed by the Constitution, I believe it is best left to be handled by Floridians for Floridians,” Eagle said.
The legislation would not attempt to stop federal agents from enforcing gun laws, but would pull the plug on any state cooperation, leaving enforcement in the hands of a federal government incapable of enforcing its laws.
Florida Tenth Amendment Center outreach director Francisco Rodriguez said the proposed act would make it very difficult for the federal government to enforce its gun laws.
“The federal government relies on state and local assistance for almost everything. One source I read indicated that state or local police assist in seven out of every 10 ATF raids. That’s a lot of help that will disappear in the blink of an eye,” he said. “Now imagine if 20 or 30 states followed suit. It would make it virtually impossible for the feds to violate the Second Amendment.”
Such a tactic is an extremely effective way to stop a federal government busting at the seams. Even the National Governors Association admitted the same recently when they sent out a press release noting that “States are partners with the federal government in implementing most federal programs.” That means states can create impediments to enforcing and implementing “most federal programs” including those which impose upon the right to keep and bear arms.
James Madison, the “Father of the Constitution,” advised this very tactic. Madison supplied the blueprint for resisting federal power in Federalist 46. He outlined several steps that states can take to effective stop “an unwarrantable measure,” or “even a warrantable measure” of the federal government. Anticipating the anti-commandeering doctrine, Madison called for “refusal to cooperate with officers of the Union” as a method of resistance.
Judge Andrew Napolitano last year urged states to introduce and pass this type of legislation specifically, saying that a single state passing such a law would make federal gun laws “nearly impossible to enforce.”
The bill rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce a federal act or program The anti-commandeering doctrine rests primarily on four Supreme Court cases cases dating back to 1842. Printz v. US serves as the cornerstone.
Montana sheriff Jay Printz and Arizona sheriff Richard Mack sued the federal government over provisions in the 1993 Brady Gun Bill that required chief law enforcement officers in each county to administer background checks. The Supreme Court majority held the feds could not force compliance by state officers.
“The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
Mack has since called working at the state and local level the key to fighting tyranny.
Florida Tenth Amendment Center state coordinator Andrew Nappi said Rep. Eagle first became interested in this bill almost a year ago and called to discuss the model legislation.
“The timing last year just could not be worked out. But Representative Eagle said he would not forget about this bill and he didn’t. He remained true to his word, and we began working with him on this last fall,” Nappi said. “This is a substantial attempt to push back against federal actions violating the Second Amendment. Representative Eagle has not only kept his word by sponsoring the bill this year, he set an example for others who say they support the Second Amendment, but stop short of taking action.”
Sources close to the Tenth Amendment Center indicate a Senate version of the bill will likely be introduced in the coming weeks.
In Florida, take action to support HB733 HERE
All other states, take action to get your state on board, and protect the 2nd Amendment HERE
I would like to see this.
The U.S. Constitution provides a state with the option of nullifying federal laws that restrict the right of the people of that state to keep and bear arms. The wording of the Second Amendment makes it perfectly clear that infringements on this right by the government of the United States "SHALL NOT" occur.
The "shall not be infringed" admonition also happens to apply to the federal judiciary.........which curiously is fond of propagating the notion that " No right is absolute. " The pure essence of the 2nd Amendment is that when conditions are met necessitating its invocation the absoluteness of the right it reserves to the people will be made absolutely clear.
I think that this post should be on everyone of the sites for patriots and people who need to hear. I also think that the site that I have posted here needs to be sent to all of your people on twitter, face book and any other site that will get to the people.
All it would take is one state to do it , than many others would follow
Our beloved America is at a stage where we will continue to encounter more and more egregious demands / laws / regulations / over-reach / tyranny from government. We have a severe tyranny problem across America, with the source focused, mostly, in Washington D.C. and a few States.
It may be too late for us to keep doing the same thing...trying to find and elect conservative politicians who are faithful to the U.S. and State Constitutions. The pot is boiling across America. We need to implement a solution that will both stop the oppressive tyranny and avoid a possible blood bath. And we need to do it NOW.
Below, I am including a link to a video that will take about 45 minutes to view. I believe that the topic of this video holds a VERY key answer to how we can and should respond to unconstitutional tyranny.
If the real life historical situation, mentioned in this video, had gone the other way...there might be no Protestant churches today. The Reformation could have become a forgotten footnote to history. More importantly, we, today, could not have this instructive example of how to resist tyranny without violence.
One single small city, Magdeburg Saxony, environs of Martin Luther, fought Emperor Charles the Fifth (i.e. the entire Holy Roman Empire) and won. Their guiding document has existed only in Latin since the 1550's, and was translated into English, for the first time last August, 2012. The speaker (in the video link, below) sent a Latin/Greek professor to the Bavarian State Library, to translate the original into English. Your history books probably do not mention it in the context that America needs to understand, if at all.
We, today, are almost in the same situation. Instead of Charles V, our problem is an over-reaching Federal Government. HOWEVER, the legal solution is the same:
The "Doctrine of the Lesser Magistrate."
In the American context, the "Lesser Magistrates" are the State Governors, Lt. Governors, State Legislatures and Senates, State Judges, County Sheriffs, County and local Judges, County Commissioners, City Mayors, City Council Members, Justices of the Peace, etc.
The Doctrine of the Lesser Magistrates is a legal doctrine—a legal cousin to "nullification"—
If I were wealthy, I would purchase thousands of the referenced publication and send a copy to every governor, senator, congressman, mayor, police chief, sheriff, pastor, and conservative organizations in America. Seriously, I would!
Had this legal doctrine been known by the German people—while not yet in English it was available in German—WW2 might not have occurred. In fact, the Nuremburg trials could not have sentenced those guilty German officers, had America's representative to the trials—Supreme Court Justice Robert Jackson—not provided the legal basis for trying them. They had not broken any German law. According to their defense lawyers, they were "just following legal orders." If you want more on that story: Justice Jackson at Nuremburg Trials
Meanwhile, here is the link. Please listen and reflect on the following: http://vimeo.com/52616214
It is too late to believe that voting in November will change anything.
>>> OUR CONSTITUTION AND SECOND AMENDMENT ARE INVIOLABLE , ENGRAVED IN TITANIUM , CHISELED IN GRANITE , AND MUST NEVER BE REVISED , CHANGED , ALTERED , NULLIFIED OR VIOLATED .
OUR FOUNDING FATHERS INCLUDED THE RIGHT TO KEEP AND BEAR ARMS FOR JUST SUCH A SITUATION AS WE HAVE NOW IN WASHINGTON , D . C . ( DISTRICT OF CORRUPTION ) ~ A TYRANNICAL , ILLEGAL GOVERNMENT .
Gotta love this. Checks and balances trickled down to the States. Some think Obama's SOTU might set the mood for more presidential directives, but now we're seeing enforcement's nullification. The 2nd amendment, running silently in the background, speaks volumes. I'm glad Wisdom had 2nd thoughts about gun control...Semper Fi V'nam 66-67
I will be contacting my State Senator and my Representative in the morning. I just wish that they would make it criminal for the Feds to enforce unconstitutional federal gun laws.
Eddie, actually, we already have the power and the right to nullify any and all Federal and State laws within our own counties. Follow Sheriff Richard Mack's Constitutional Sheriff program. cspoa.org/ and you will understand how your sheriff can stop ALL, ALL, that's ALL! law enforcement officials and bureaucratic errand boys from taking ANY action against any citizen in his jurisdiction. If bureaucrats try to override your sheriff, he can arrest and jail them. That's assuming you have a sheriff with cajones, brains, and a rudimentary understanding of our Constitution and our Laws. Makes local elections a little more important, doesn't it?
Let's have this done in New Jersey, New York, Pennsylvania, and every place where communism is attempting to take over this country.
Until we can get the people to understand the Constitution and really read it, teach it in the schools we need to do what every it will take to get their attention.
Hey Paul, I know a way, change channels in the middle of their Super Bowl game! Actually i have been fighting this battle for five years and I feel your pain. I've decided to quit banging my head and begin looking for those who are already awake. If we can find each other and get organized, I promise you, there are more than enough of us to get the job done. Col Roley has started the ball rolling. If we grab hold, we'll catch the attention of others and they'll join us. we need to focus on our goals and the means to reach them.