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The Water Cooler
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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: 3325875" data-attributes="member: 5412"><p>I'm trying to find where you had an issue in the latter part of the legal statement, </p><p>so i'm posting the final 3/4 of the bill. Could you help me with your issues?</p><p></p><p><strong><u>SECTION 3.</u></strong> (1) A state, county or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of:</p><p></p><p> (a) An order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to:</p><p></p><p> (i) Infringe on a person's right, under the Second Amendment to the Constitution of the United States, to keep and bear arms;</p><p></p><p> (ii) Deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the constitutions of compact states or the Constitution of the United States; or</p><p></p><p> (b) The REAL ID Act of 2005.</p><p></p><p> (2) As used in this compact, the following terms have the meanings ascribed in this subsection, unless context indicates otherwise:</p><p></p><p> (a) "Asset" means funds, facilities, equipment, services, or other resources of a state or municipal agency.</p><p></p><p> (b) "State, county or municipal agency" means the sovereign governing authorities with each compact state, or a department, institution, board, commission, division, council, committee, authority, public corporation, school district, regional educational attendance area, other administrative unit of a county or municipality, or the executive, judicial, or legislative branch of state government, or other political subdivisions thereof, and includes employees of those entities.</p><p></p><p> (c) "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of a firearm, including a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock and grip, speedloader, ammunition carrier and light for target illumination;</p><p></p><p> (d) "Generic and insignificant parts" includes springs, screws, nuts and pins;</p><p></p><p> (e) "Manufactured" means a firearm, a firearm accessory, or ammunition that has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials.</p><p></p><p><strong> <u>SECTION 4.</u></strong> (1) A personal firearm, a firearm accessory or ammunition that is possessed in a state within this compact region or manufactured commercially or privately in a state within this compact region and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.</p><p></p><p> (2) This section applies to a firearm, a firearm accessory or ammunition that is possessed in a state within this compact region or manufactured in a state within this compact region from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories or ammunition, and their importation into a state within this compact region and incorporation into a firearm, a firearm accessory, or ammunition manufactured in a state within this compact region does not subject the firearm, firearm accessory, or ammunition to federal regulation. Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearm accessories or ammunition and are not subject to congressional authority to regulate firearms, firearm accessories, and ammunition under interstate commerce as if they were actually firearms, firearm accessories or ammunition. The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in a state within this compact region or made in a state within this compact region from those materials. Firearm accessories that are imported into a state within this compact region from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in a state within this compact region.</p><p></p><p> (3) A firearm manufactured or sold in a state within this compact region and not subject to federal regulation under this section must have the words "Made in [Name of Compact State]" clearly stamped on a central metallic part, such as the receiver or frame.</p><p></p><p> (4) The attorneys general of each compact state may defend a citizen of a state within this compact region who is prosecuted by the government of the United States under the congressional power to regulate interstate commerce for violation of a federal law concerning the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition possessed in a state within this compact region or manufactured and retained within a state within this compact region.</p><p></p><p> (5) A federal statute, regulation, rule or order adopted, enacted or otherwise effective on or after the effective date this compact is effectuated is unenforceable in a state within this compact region by an official, agent or employee of a state within this compact region, a municipality, or the federal government if the federal statute, regulation, rule or order violates the Second Amendment to the Constitution of the United States, by:</p><p></p><p> (a) Banning or restricting ownership of a semiautomatic firearm or a magazine of a firearm; or</p><p></p><p> (b) Requiring a firearm, magazine, or other firearm accessory to be registered.</p><p></p><p> (6) The attorneys general of each compact state shall, under the Second Amendment to the Constitution of the United States, file legal action necessary to prevent the implementation of a federal statute, regulation, rule or order that violates the rights of a resident of the compact state.</p><p></p><p><strong> SECTION 5.</strong> This act shall take effect and be in force from and after July 1, 2020.</p></blockquote><p></p>
[QUOTE="dennishoddy, post: 3325875, member: 5412"] I'm trying to find where you had an issue in the latter part of the legal statement, so i'm posting the final 3/4 of the bill. Could you help me with your issues? [B][U]SECTION 3.[/U][/B] (1) A state, county or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of: (a) An order of the President of the United States, a federal regulation, or a law enacted by the United States Congress that is applied to: (i) Infringe on a person's right, under the Second Amendment to the Constitution of the United States, to keep and bear arms; (ii) Deny a person a right to due process, or a protection of due process, that would otherwise be available to the person under the constitutions of compact states or the Constitution of the United States; or (b) The REAL ID Act of 2005. (2) As used in this compact, the following terms have the meanings ascribed in this subsection, unless context indicates otherwise: (a) "Asset" means funds, facilities, equipment, services, or other resources of a state or municipal agency. (b) "State, county or municipal agency" means the sovereign governing authorities with each compact state, or a department, institution, board, commission, division, council, committee, authority, public corporation, school district, regional educational attendance area, other administrative unit of a county or municipality, or the executive, judicial, or legislative branch of state government, or other political subdivisions thereof, and includes employees of those entities. (c) "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of a firearm, including a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock and grip, speedloader, ammunition carrier and light for target illumination; (d) "Generic and insignificant parts" includes springs, screws, nuts and pins; (e) "Manufactured" means a firearm, a firearm accessory, or ammunition that has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials. [B] [U]SECTION 4.[/U][/B] (1) A personal firearm, a firearm accessory or ammunition that is possessed in a state within this compact region or manufactured commercially or privately in a state within this compact region and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce. (2) This section applies to a firearm, a firearm accessory or ammunition that is possessed in a state within this compact region or manufactured in a state within this compact region from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories or ammunition, and their importation into a state within this compact region and incorporation into a firearm, a firearm accessory, or ammunition manufactured in a state within this compact region does not subject the firearm, firearm accessory, or ammunition to federal regulation. Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearm accessories or ammunition and are not subject to congressional authority to regulate firearms, firearm accessories, and ammunition under interstate commerce as if they were actually firearms, firearm accessories or ammunition. The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in a state within this compact region or made in a state within this compact region from those materials. Firearm accessories that are imported into a state within this compact region from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in a state within this compact region. (3) A firearm manufactured or sold in a state within this compact region and not subject to federal regulation under this section must have the words "Made in [Name of Compact State]" clearly stamped on a central metallic part, such as the receiver or frame. (4) The attorneys general of each compact state may defend a citizen of a state within this compact region who is prosecuted by the government of the United States under the congressional power to regulate interstate commerce for violation of a federal law concerning the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition possessed in a state within this compact region or manufactured and retained within a state within this compact region. (5) A federal statute, regulation, rule or order adopted, enacted or otherwise effective on or after the effective date this compact is effectuated is unenforceable in a state within this compact region by an official, agent or employee of a state within this compact region, a municipality, or the federal government if the federal statute, regulation, rule or order violates the Second Amendment to the Constitution of the United States, by: (a) Banning or restricting ownership of a semiautomatic firearm or a magazine of a firearm; or (b) Requiring a firearm, magazine, or other firearm accessory to be registered. (6) The attorneys general of each compact state shall, under the Second Amendment to the Constitution of the United States, file legal action necessary to prevent the implementation of a federal statute, regulation, rule or order that violates the rights of a resident of the compact state. [B] SECTION 5.[/B] This act shall take effect and be in force from and after July 1, 2020. [/QUOTE]
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