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The Interstate Compact on 2nd Amendment Sanctuary! OK might be in
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<blockquote data-quote="dennishoddy" data-source="post: 3324782" data-attributes="member: 5412"><p><span style="font-size: 22px"><strong>House Bill 753</strong></span></p><p>AN ACT TO AUTHORIZE THE STATE OF MISSISSIPPI TO ENTER INTO AN INTERSTATE COMPACT WITH SOUTHERN STATES FOR THE PURPOSE OF OPERATING AS SECOND AMENDMENT SANCTUARY STATES; TO ESTABLISH THE INTERSTATE COMMISSION ON SECOND AMENDMENT SANCTUARY AND PRESCRIBE ITS POWERS AND DUTIES; TO EXEMPT CERTAIN FIREARMS, FIREARM ACCESSORIES AND AMMUNITION IN THIS STATE FROM FEDERAL REGULATION; TO DECLARE CERTAIN FEDERAL STATUTES, REGULATIONS, RULES, AND ORDERS UNCONSTITUTIONAL UNDER THE CONSTITUTION OF THE UNITED STATES AND UNENFORCEABLE IN THIS COMPACT REGION; TO REQUIRE THE ATTORNEYS GENERAL OF COMPACT STATES TO FILE ANY LEGAL ACTION TO PREVENT IMPLEMENTATION OF A FEDERAL STATUTE, REGULATION, RULE OR ORDER THAT VIOLATES THE RIGHTS OF A RESIDENT OF A COMPACT STATE; AND FOR RELATED PURPOSES.</p><p></p><p> BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:</p><p></p><p><strong> <u>SECTION 1.</u></strong> The following compact of the southern states for the purpose of operating as Second Amendment Sanctuary States in the southern states be, and the same is, hereby ratified and approved:</p><p></p><p> WHEREAS, the Second Amendment of the United States Constitution reads "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."; and</p><p></p><p> WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual's right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self defense within the home; and</p><p></p><p> WHEREAS, the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to "keep and bear arms," as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states; and</p><p></p><p> WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment; and</p><p></p><p> WHEREAS, Article 3, Section 12, of the Constitution of the State of Mississippi provides "The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons."; and</p><p></p><p> WHEREAS, Article 3, Section 5, of the Constitution of the State of Mississippi reads "That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into the state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."; and</p><p></p><p> WHEREAS, Article 3, Section 14 of the Constitution of the State of Mississippi reads "No person shall be deprived of life, liberty, or property except by due process of law."; and</p><p></p><p> WHEREAS, certain legislation which has or may be introduced in the United States Congress could have the effect of infringing on the rights of law-abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article 3, Section 12 of the Constitution of the State of Mississippi; and</p><p></p><p> WHEREAS, the Legislature is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of the State of Mississippi to keep and bear arms; and</p><p></p><p> WHEREAS, the Legislature wishes to express its deep commitment to the rights of all citizens of Mississippi to keep and bear arms; and</p><p></p><p> WHEREAS, the Legislature wishes to express opposition to any law that would unconstitutionally restrict the rights of the citizens of Mississippi to keep and bear arms; and</p><p></p><p> WHEREAS, the Legislature wishes to express its intent to stand as a Sanctuary State for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Constitution of the State of Mississippi, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Mississippi to keep and bear arms, including through legal action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct the law enforcement and employees of the State of Mississippi to not enforce any unconstitutional law:</p><p></p><p> Now therefore, in consideration of the mutual agreements, covenants and obligations assumed by the respective states who are parties hereto (hereinafter referred to as "states"), the said several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area of Second Amendment state sanctuary, wherein the states which are parties hereto: prohibit state and municipal agencies from using assets to implement or aid in the implementation of the requirements of certain federal statutes, regulations, rules and orders that are applied to infringe on a person's right to bear arms or right to due process or that implement or aid in the implementation of the federal REAL ID Act of 2005; exempt certain firearms, firearm accessories and ammunition in party states from federal regulation; and declare certain federal statutes, regulations, rules, and orders unconstitutional under the Constitution of the United States and unenforceable in party states.</p><p></p><p> (a) The states do further hereby establish and create a joint commission which shall be known as the Interstate Commission on Second Amendment Sanctuary (hereinafter referred to as the "commission"), the members of which commission shall consist of the governor of each state, who shall serve in an ex officio capacity, and four (4) additional citizens of each state to be appointed by the governor thereof, at least one (1) of whom shall be a member of the legislature of that state. The governor shall continue as a member of the commission during his tenure of office as governor of the state, but the members of the commission appointed by the governor shall hold office for a period of four (4) years, except that in the original appointment one (1) commissioner so appointed by the governor shall be designated at the time of his appointment to serve an initial term of three (3) years, but thereafter his successor shall serve the full term of four (4) years. Vacancies on the commission caused by death, resignation, refusal or inability to serve, shall be filled by appointment by the governor for the unexpired portion of the term. The officers of the commission shall be a chairman, a vice chairman, a secretary, a treasurer and such additional officers as may be created by the commission from time to time.</p><p></p><p> (b) It shall be the duty of the commission to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for Second Amendment sanctuary within the geographical limits of the regional area of the states and for such other related purposes, as they may deem and determine to be proper, necessary or advisable.</p><p></p><p> (c) In addition to the power and authority heretofore granted, the commission shall have the power to enter into such agreements or arrangements with any of the states and with any institutions or agencies, as may be required in the judgment of the commission, to provide adequate services for the benefit of the citizens of the respective states residing within the region.</p><p></p><p> (d) The commission shall have such additional and general power and authority as may be vested in it by the states from time to time by legislative enactments of the said states.</p><p></p><p> (e) Any two (2) or more states which are parties of this compact shall have the right to enter into supplemental agreements for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such agreements to be governed exclusively by such states and to be controlled exclusively by the members of the commission representing such states, provided such agreement is submitted to and approved by the commission prior to the establishment of such agreements.</p><p></p><p> (f) This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within said eighteen (18) months period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall name the members of the commission from their states as prescribed in paragraph (a) of the section, and the commission shall then meet on call of the governor of any state approving this compact, at which time the commission shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time.</p><p></p><p> (g) After becoming effective this compact shall thereafter continue without limitation of time. However, it may be terminated at any time by unanimous action of the states and provided, further, that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the commission accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the commission or to any of the funds of the commission held under the terms of this compact.</p><p></p><p> If any state shall at any time become in default in the performance of any of its obligations assumed herein or with respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges and benefits of such defaulting state, its members on the commission and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default this compact may be terminated with respect to such defaulting state by an affirmative vote of three-fourths (3/4) of the members of the commission (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the commission or to any of the funds of the commission held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges or obligations of the remaining states thereunder.</p></blockquote><p></p>
[QUOTE="dennishoddy, post: 3324782, member: 5412"] [SIZE=6][B]House Bill 753[/B][/SIZE] AN ACT TO AUTHORIZE THE STATE OF MISSISSIPPI TO ENTER INTO AN INTERSTATE COMPACT WITH SOUTHERN STATES FOR THE PURPOSE OF OPERATING AS SECOND AMENDMENT SANCTUARY STATES; TO ESTABLISH THE INTERSTATE COMMISSION ON SECOND AMENDMENT SANCTUARY AND PRESCRIBE ITS POWERS AND DUTIES; TO EXEMPT CERTAIN FIREARMS, FIREARM ACCESSORIES AND AMMUNITION IN THIS STATE FROM FEDERAL REGULATION; TO DECLARE CERTAIN FEDERAL STATUTES, REGULATIONS, RULES, AND ORDERS UNCONSTITUTIONAL UNDER THE CONSTITUTION OF THE UNITED STATES AND UNENFORCEABLE IN THIS COMPACT REGION; TO REQUIRE THE ATTORNEYS GENERAL OF COMPACT STATES TO FILE ANY LEGAL ACTION TO PREVENT IMPLEMENTATION OF A FEDERAL STATUTE, REGULATION, RULE OR ORDER THAT VIOLATES THE RIGHTS OF A RESIDENT OF A COMPACT STATE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: [B] [U]SECTION 1.[/U][/B] The following compact of the southern states for the purpose of operating as Second Amendment Sanctuary States in the southern states be, and the same is, hereby ratified and approved: WHEREAS, the Second Amendment of the United States Constitution reads "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."; and WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual's right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self defense within the home; and WHEREAS, the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to "keep and bear arms," as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states; and WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment; and WHEREAS, Article 3, Section 12, of the Constitution of the State of Mississippi provides "The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons."; and WHEREAS, Article 3, Section 5, of the Constitution of the State of Mississippi reads "That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into the state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."; and WHEREAS, Article 3, Section 14 of the Constitution of the State of Mississippi reads "No person shall be deprived of life, liberty, or property except by due process of law."; and WHEREAS, certain legislation which has or may be introduced in the United States Congress could have the effect of infringing on the rights of law-abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article 3, Section 12 of the Constitution of the State of Mississippi; and WHEREAS, the Legislature is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of the State of Mississippi to keep and bear arms; and WHEREAS, the Legislature wishes to express its deep commitment to the rights of all citizens of Mississippi to keep and bear arms; and WHEREAS, the Legislature wishes to express opposition to any law that would unconstitutionally restrict the rights of the citizens of Mississippi to keep and bear arms; and WHEREAS, the Legislature wishes to express its intent to stand as a Sanctuary State for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Constitution of the State of Mississippi, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Mississippi to keep and bear arms, including through legal action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct the law enforcement and employees of the State of Mississippi to not enforce any unconstitutional law: Now therefore, in consideration of the mutual agreements, covenants and obligations assumed by the respective states who are parties hereto (hereinafter referred to as "states"), the said several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area of Second Amendment state sanctuary, wherein the states which are parties hereto: prohibit state and municipal agencies from using assets to implement or aid in the implementation of the requirements of certain federal statutes, regulations, rules and orders that are applied to infringe on a person's right to bear arms or right to due process or that implement or aid in the implementation of the federal REAL ID Act of 2005; exempt certain firearms, firearm accessories and ammunition in party states from federal regulation; and declare certain federal statutes, regulations, rules, and orders unconstitutional under the Constitution of the United States and unenforceable in party states. (a) The states do further hereby establish and create a joint commission which shall be known as the Interstate Commission on Second Amendment Sanctuary (hereinafter referred to as the "commission"), the members of which commission shall consist of the governor of each state, who shall serve in an ex officio capacity, and four (4) additional citizens of each state to be appointed by the governor thereof, at least one (1) of whom shall be a member of the legislature of that state. The governor shall continue as a member of the commission during his tenure of office as governor of the state, but the members of the commission appointed by the governor shall hold office for a period of four (4) years, except that in the original appointment one (1) commissioner so appointed by the governor shall be designated at the time of his appointment to serve an initial term of three (3) years, but thereafter his successor shall serve the full term of four (4) years. Vacancies on the commission caused by death, resignation, refusal or inability to serve, shall be filled by appointment by the governor for the unexpired portion of the term. The officers of the commission shall be a chairman, a vice chairman, a secretary, a treasurer and such additional officers as may be created by the commission from time to time. (b) It shall be the duty of the commission to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for Second Amendment sanctuary within the geographical limits of the regional area of the states and for such other related purposes, as they may deem and determine to be proper, necessary or advisable. (c) In addition to the power and authority heretofore granted, the commission shall have the power to enter into such agreements or arrangements with any of the states and with any institutions or agencies, as may be required in the judgment of the commission, to provide adequate services for the benefit of the citizens of the respective states residing within the region. (d) The commission shall have such additional and general power and authority as may be vested in it by the states from time to time by legislative enactments of the said states. (e) Any two (2) or more states which are parties of this compact shall have the right to enter into supplemental agreements for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such agreements to be governed exclusively by such states and to be controlled exclusively by the members of the commission representing such states, provided such agreement is submitted to and approved by the commission prior to the establishment of such agreements. (f) This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within said eighteen (18) months period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall name the members of the commission from their states as prescribed in paragraph (a) of the section, and the commission shall then meet on call of the governor of any state approving this compact, at which time the commission shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time. (g) After becoming effective this compact shall thereafter continue without limitation of time. However, it may be terminated at any time by unanimous action of the states and provided, further, that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the commission accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the commission or to any of the funds of the commission held under the terms of this compact. If any state shall at any time become in default in the performance of any of its obligations assumed herein or with respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges and benefits of such defaulting state, its members on the commission and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default this compact may be terminated with respect to such defaulting state by an affirmative vote of three-fourths (3/4) of the members of the commission (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the commission or to any of the funds of the commission held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges or obligations of the remaining states thereunder. [/QUOTE]
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