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
Excellent info, made calls this a.m.
But still easier would be to investigate Obama, declare him as usurper and illegal president and nullify all his orders and laws he signed during his dictatorship.
True, that is one step that is needed. However, it is also important to note that in order to get back to the roots of the Constitution, and restore our rights, we need to peel the onion, so to speak. Layers of documents have been put in place, setting the tone for what we now are witness to.
The trouble with that Jerry, is that he has the courts and they won't even let the investigation go forth. If you'd watched the Congressional Hearing on CSpan of what to do about Presidential Over Reach, you'd have heard the liberal democrat Johnathon Turley (former obama supporter) say he thinks we're in a "Consititutional Crisis" and that as long as the Courts won't grant "Standing" even to Congress to sue for changing or not enforcing their laws, the only real hope is possibly the "Constitution of the States to Amend the Constititution. (Something which would be very slow and give even more time for destruction of our nation. This seems to be the only short term hope we have.
Did anyone see today they've implicated double the 34 members of our Nuke Force in the cheating scandal?
THIS is what is SORELY NEEDED, and MUST be started on the LOCAL level, i.e. CITY/TOWN COUNCIL, then up to the COUNTY level, then your STATE legislature. I have already copied and modified the model legislation for my COUNTY, and will be presenting it to the County Sheriff, and Commissioners, as well as the State Representatives in my district.
THIS is where a CONSTITUTIONAL County Sheriff is invaluable! Y'all need to STRONGLY IMPRESS upn your County Sheriffs that THE PEOPLE find it an ABSOLUTE NECESSITY that their County Sheriff be a CONSTITUTIONAL Sheriff, a Member in good standing of the Constitutional Sheriffs and Police Officers Ass'n (www.cspoa.org) and that they FULLY commit to adhering to the principles of CSPOA, including the recruitment and training of a Constitutional Sheriff's Posse, AND committing to work with, and if necessary, DEPUTIZE members of the local Title 10 Civilian Militia units, to assist the Sheriff and his Deputies in the duties of PROTECTING THE COUNTY in the event of ANY threat to the County and its citizens.
This kind of SERIOUS, RELENTLESS grassroots effort, is what it will take to ENSURE that our LIBERTIES, SOVEREIGNTY, and FREEDOM are UPHELD and DEFENDED!
The ILLEGITIMATE GLOBALIST REGIME in D.C., and their cronies in Austin are ON THE OFFENSIVE against our Right to Keep and Bear Arms. IT IS TIME that We the People RISE to this challenge, and unleash our own TACTICAL DEFENSIVE RESPONSE to this assault! Grassroots activism on the City/County level is where WE BEGIN TAKING THE WAR TO THE ENEMIES OF FREEDOM!!
I call upon ALL of my Fellow Texians on this site, to copy the Model Legislation modify it to YOUR specific City, Town, County, etc, then VISIT your City/Town Council, County Sheriff, and State Representative in your districts, and DEMAND that they support this measure, as a way to TAKE BACK, PRESERVE and DEFEND your RIGHTS as FREE, SOVEREIGN inhabitants of your City, County. and State!
God Bless, Protect and Restore the Sovereign Republic of Texas.
Warfighter, it's so good to meet another like-minded lover of Liberty. In these forums, I am finding, not only am I not alone, but it's pretty crowded in here. I invite you to read Sean Conover's comments and you'll get a better understanding the caliber of our fellow patriots. In the few short weeks I have been involved in this movement, I have learned so much, which is just making me eager to learn more. These forums are bringing together so many bright and learned people; people of deep faith and confidence; and those whose patience and willingness to share, and they are so greatly appreciated. I can't wait to meet them all (including you) in DC.
BTW: I'm a big fan of Sheriff Mack, (I truly believe, if not for him, we would already be slaves to our Communist Masters) and have spent time with him on a couple of occasions. I fully support the institution of the Constitutional Sheriff, and Sheriff Mack supports us! Also, how do I find a copy of your 'Model Legislation'?
The beauty of OAS is its shear simplicity, its momentum , and absence of the usual support mechanisms normally associated with grass roots mobilizations . Attempts to sidetrack, torment or grapple with OAS will only serve to produce further arousal, deliberation, and determination thereby increasing our intensity, mass, and momentum, and purposefulness. The ill-conceived molesting of a yellow jacket nest comes to mind.
The only conceivable event that might weaken the gathering storm would be the resignation of this deceitful and pompous Marxist tyrant, and his entire cabinet.
During WWII, we won "the war that had to be fought," with an army of over 16-million of us conscripted into service to join with the allied contingencies for 70-million total. The goal was to stop the Axis forces of 34.5 million. We had the leadership wisdom to understand priorities for victory (USA - 15 million, UK - 6.2 million, France - 6 million, Soviet Union - 25 million, China - approx. 8 million, Minor Allied Powers - approx. 10 million).
Jim, what you describe above (Hornet's Nest) is exactly what seems to be occurring in OAS. Even as I hear our leader's voice calling for us to build An Epic Ocean Of Protesters, the likes of which has never been seen before, I do not see or hear actions being taken achieve that end (Overpasses to the contrary notwithstanding).
We otherwise seem to be voicing everything in terms of one litmus test for membership: God, Guns and Bible. If we define ourselves as anything else, we're treated as being being against OAS. We are building on extremes not core victory issues. Boiling Frogs by James Corbett:
We are thus building a great Hornet's Nest, one that seems geared to cause much chaos.
Victory calls upon our leaders to take action to build An Epic Ocean Of Protesters, the likes of which has never been seen before.
The enemy once again is the fascist over-reach of the imperial government implemented in service to the shadow government elite powers of the NWO and a split-away civilization.
Here are issues we agree on (I think), reported by Jim Stone, a freelance reporter:
1. An end to the banker bailouts and an end to centralized PRIVATE banking (Federal Reserve). This is very closely followed by an end to all forms of corporate welfare and "buying" of electoral candidates by corporations.2. An end to insider trading and favored status being given to investment firms like Goldman Sachs.3. Media accountability - the movement is well aware of the fact that it is a few families of a particular (small) religious group that owns the media, which during elections especially, and at all other times publishes only information which serves a handful of "elite". They want candidates to represent themselves without the boost provided by media bias, from a fixed money pool drawn from public funds.4. From this, they hope to accomplish their fourth objective - an honest government that does not go around killing innocent people in foreign nations every time the will of the "elite" banking cabal is not served to it's extreme desire while robbing the people of their taxes and future to fund elite cronies in their financial scams. They do not want world government, this movement clearly sees the value in maintaining national sovereignty. They want the old America back.5. They want an end to the police state, over excessive law enforcement, government snooping in the electronic arena, de-decriminalization of victimless activities, such as adding onto a home without a permit, running a generator without a permit, growing food without a permit, as well as the legalization of hemp. They would like to see the end of America's absolutely monstrous prison system which is mostly full of people who never actually did anything other than violate a law or ordinance which bans an activity that never involved anyone other than the individual performing the action. They believe prison should be for thieves, rapists and murderers, and that it is impossible to deserve arrest for inaction, or action which involved no one else.6. They want accountability for ALL corporations producing genetically modified foods, and focus especially on Monsanto. They want labeling of genetically modified foods to be MANDATORY, and an end to genetic modification altogether.
Note, that while you as an OAS member may not agree with all of these, we can probably agree on a majority of these.
We are setting unfriendly attitudes that foolishly reject a great number of supporters that should be sought out to join us. Speeches and press releases should be made to seek them out. No one is asking OAS members to set aside God, Guns and Bible. To do so, plays right into the hands of the NWO and will keep us from building an ocean of protesters the likes of which has never been seen.
And sometimes it seems hard to reach across the isle and make allies:
Two Norwegian politicians say they have jointly nominated the former National Security Agency contractor Edward Snowden for the 2014 Nobel peace prize.
Rich,You are the first person that I have or am aware of that has either spoken or written OAS is only about God, Guns, and Bible? Where do you hear that? We are specifically, specifically against guns involved in OAS action, and yes many of us believe we must be undergirded by God.......has there ever been any pronouncement that if you oppose, don't believe in God, you are excluded as a citizen that wants America under the Constitution?
And, yes, I think most would agree that the 6 points would be good things to do...maybe some modification but the intent seems reasonable.
One little kicker........we have to have leadership in government that believes constitutional law takes precedence to personal political agenda...........thus OAS..........the thieves, crooks, betrayers, deceivers, and anti-constitutional cabal must go..........then we get back to governing America under the constitution.
Just my thoughts......
Maybe your timely solution would be of interest to OAS members..........