Possibly a nullifying law forfederal gun legislation

[dennishoddy]

I think the Supremacy Clause will prevent these from kicking in, or being more than symbolic. But, if enough states did it, and those states were more blue than red, that might knock some sense into the DNC/DNP...maybe. Unless berry's goal is to let things go to **** so he can declare marshal law.

We need a lawyer to chime in...

http://en.wikipedia.org/wiki/Supremacy_Clause

they didn't care during the presidential elections.

[dutchwrangler]

Late last night I sent the following email to my state senator (Holt) and representative (Echols). Because it was late and I'd had a long day some of the syntax wasn't quite what it should've been. My bad...

In light of the recent events, I would like to raise a point of consideration in the event the Oklahoma state legislature moves forward with legislation protecting the right to keep and bear arms.

The word "arms" in the Second Amendment is critical in the current debate. In many pieces of legislation introduced in other state legislatures and assemblies to support the right to keep or bear arms, (or to restrict the right), I am hard pressed to find the word "arms". The term "firearm(s)" and/or "weapon(s)" is used most often, neither of which is used in the text of the Second Amendment. And thus, theoretically, legislation purported to support the right to keep and bear "arms" would in effect by useless. And legislation purported to infringe on "firearms & weapons" would be effective.

By using the term "arms" in place of the common terms "firearms & weapons" in legislation designed to protect the right to keep and bear arms, such legislation is in complete accord with the Second Amendment in protecting the right to keep and bear "arms". Any legislation thereafter that seeks to infringe on the right to keep and bear arms that uses the terms "firearms & weapons" would be null and void as they would not be describing that which the Second Amendment protects from infringement... "arms".

I encourage you therefore to consider this point when introducing or supporting any legislation that seeks to protect the right to keep and bear arms. Although it many seem a matter of semantics, it is quite important in acknowledging that words in the English language, especially in the arena of legal terminology, unequivocally protect our rights from infringement by government. The Second Amendment protects from infringement upon "arms". It is essential in my opinion that legislation use the exact same term of "arms" in order to protect the right.

His response...

Thank you very much for your email. Second Amendment protection is of the utmost importance to me and I will be co-authoring at least one major piece of legislation regarding it that will be offered by Representative Dan Fisher. While I have studied the issue, I have never thought about the exact issue you have raised. I think you are completely correct. Semantics do matter and as a legislator I should strive to be as exact as possible.

I am very grateful for all constituent contact, but this particular email was one of the most helpful I have received. I will take this advise into consideration when making drafting decisions on all future second amendment issues. Thank you for the thoughts.

If you ever have any further questions or concerns of any kind, please do not hesitate to contact me.

Sincerely,

Representative Jon Echols

As for the Supremacy Clause:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

The bold words in red above are the key to understanding this clause. What it means is that only laws that are made in accord with the enumerated powers of Article 1, Section 8 are supreme. Any law that is not made in "pursuance thereof" of those specific, listed, enumerated powers are null and void as per the 9th & 10th Amendments. The ratifying debates of the original states bear this fact out. Too many of you take what you hear for gospel and believe the SCOTUS has the final say. It doesn't. It only has jurisdiction on those powers enumerated. The Kentucky and Virginia Resolution by Jefferson and Madison state that it is the States that have the final say on matters as it was the States that created the central government.

But I digress. Most folks are unwilling to educate themselves and take to heart what others tell them, even if that information is incorrect.

I said it before... the US Constitution is dead. You're all witnessing the inevitable rot of it's decay. Unfortunate but this is the new reality.

[Swapwap]

The only thing that could really stop his political maneuvering is succession from the United States and that my friend isn't going to happen. The Feds control the money supply therefore control the states. Sure like minded politicians who agree with us will stand and defend our rights to the best of their ability but it is clear they will not impeach him, not succeed from there union, and will not fight him for what it right as they compromise far too often You can't depend on the Supreme Court as they have demonstrated with obamacare that they are willing to allow the Feds to do whatever they want. All we can do in my humble opinion is never, ever register our guns and invest heavily in lead and brass ( bedore they take that away too ) as we band together to get a real conservative on the GOP ticket 3 1/2 years from now if we can make it that long.

[daddy-o]

Just thought I would share the email I received from my state rep. I would highly recommend all of you writing your state reps. They need to know our feelings.



Thank you so much for this email. Thank you also for your support in the past and present.

I can assure you that you and I are on the same page with this issue. Being a staunch supporter and member of the NRA, the idea to control guns with more federal gun laws are a joke. People kill people…not guns. We are looking at other states and states like Wyoming that will further protect our 2nd amendment rights. Furthermore, we need to protect the entire constitution from the current President and many folks in his party. I apologize for the political talk there but that is how I feel.

Your points are 100% valid. My folks are in the same boat as they live out of town and by the time law enforcement arrives, its over.

We will push back as a state regarding the feds…I promise you that. There are bills coming just to do that!

Appreciate you Mark and always feel free to call or email me. We are in good shape here in OKLA but we need to invoke the 10th amendment against the Fed. Govt should they try to shove this down our throat.

Thanks again sir.

Rep. Mike Sanders, District 59
Assistant Majority Whip
2300 N. Lincoln Blvd.
Oklahoma City, OK 73105
Phone: 405-557-7407 ext. 407
Fax: 405-962-7871
Mike.Sanders@OKHouse.Gov

[freewookie]

Add MO to the list.

http://blog.tenthamendmentcenter.com...2nd-amendment/

[Coonskinner]

These laws may indeed be little more than symbolic gestures, but I am glad this is on the table anyway.

[Werewolf]

The ratifying debates of the original states bear this fact out. Too many of you take what you hear for gospel and believe the SCOTUS has the final say. It doesn't. It only has jurisdiction on those powers enumerated.

SCOTUS has the final say. It's been that way since the Marbury v Madison case in the very early 1800's I believe.

In addition SCOTUS and Congress have essentially ignored the 10th and mostly ignored the 9th since the Republic's beginning when the Constitution was ratified and even more so since the end of the Civil War.

Dutch - though you are technically correct, for all practical matters, if federal law and state law conflict then federal law is the law until SCOTUS rules otherwise.

Wanna be the test case if OK passes a FPA? Great; I know you'll take comfort in knowing you were technically correct while sitting in a federal prison having been convicted in a federal court of violating federal gun laws though you might be wondering at the time why Oklahoma didn't protect you under the state's proposed Firearms Protection Act.

[jdgabbard]

Been busy at work. But wanted to be a good newsman, and let you guys know it did happen, and I reported it first. Lol....