Gun Reports - News
Firearms freedom act
up for consideration in Kansas
January 17, 2012
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(GunReports.com) -- The Tenth Amendment Center posted notice about anti-federal firearms nullification legislation spreading to Kansas. The most interesting provision: HB2421 would make it a criminal felony offense for any agent of the United States government to attempt to enforce any federal regulation upon a firearm or ammunition covered under that act.
The Kansas legislature will consider the HB2421 firearms freedom act during its 2012 session.
HB2421 declares that, a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Kansas and that remains within the borders of Kansas is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.
Rep. Connie OBrien (R Tonganoxie) and Rep. Jana Goodman (R Leavenworth) introduced the bill on Jan. 9.
The bill rests on the foundation of the Tenth Amendment, asserting that regulation of intrastate commerce is vested in the states.
The Tenth Amendment to the constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Kansas certain powers as they were understood at the time that Kansas was admitted to statehood in 1861. The guaranty of those powers is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861, the bill asserts.
The Kansas House passed a similar act in 2010, but the legislation stalled in the Senate.
The federal power to regulate interstate commerce is probably the one most abused by the feds. Theyve stretched it to the point that they justify regulating pretty much everything. The framers never intended the power to extend to every imaginable economic activity. Tenth Amendment Center communications director Mike Maharrey said. States need to stand up to the feds and tell them to butt out of areas where they have no authority. I hope the Kansas legislature gets this bill passed, and other states will boldly follow its example.
With Montana leading the way, eight states have passed firearms freedom acts including, Alaska, South Dakota, Arizona, Idaho, Tennessee, Utah and Wyoming.
Some states have taken the idea a step further. Legislatures in Florida, New Hampshire and Iowa will consider intrastate commerce acts that would reestablish the states rightful authority to not only regulate firearms wholly made and sold within state borders, but all products.
Read more here.
"The federal power to regulate interstate commerce is probably the one most abused by the feds. Theyve stretched it to the point that they justify regulating pretty much everything. The framers never intended the power to extend to every imaginable economic activity" Do you think that might be why BO wants to shut down the Dept. of Commerce? It was probably founded and funded under legislation, which perhaps limits it in scope to something too close to the Constitution for Obama's liking? Matter of fact, it may be too close to the Constitution for any politician these days. Creating a new dept. with new 'authority' should require an act of Congress, but if BO does it and nobody calls him on it, he gets it his way, right? Like a non-recess 'recess appointment'. Not trying to hi-jack the discussion here, but I got this news about F&F in my e-mail today. Sounds like somebody might start to sing - he's resigning 3 days after his summoned appearance. Maybe BO wants to shut down the Dept. of Commerce is because, if re-elected, we won't have commerce anymore. Such a bill makes my heart just sing ! I hope it passes, and if it does, I feel like heading to Wichita, to live out my old age.Even though I live in Canada, which has terribly restrictive handgun laws, I admire the way good Americans are fighting for their gun rights. Fastest way to a totalatarian regime is to legally take the guns from the people. Up here, we can't own a .25, or a .32 handgun ! I doubt that the pols here in the People's Republik of Illinois will consider any such legislation. In fact, even though the anti-businees climate is driving out many manufacturers, they would probably be happy to see Springfield, Rock River Arms and the rest go the way of Olin. Let's hope they pass similar state laws in New York State, California, and Illinois, too ! And a gun freedom bill right across Canada. We really can't keep a handgun in our night table drawer to protect our families, and ourselves aginst thieving and murderous thugs, up here in Canada. I assume, Muzzlepuncher, that when you say that in Canada you can't keep a handgun in the nightstand, that you are really saying that it is against the law to do so. My question, then, is so what? Were I in that situation, I would keep my handgun where ever the hell I wanted to, and once I had shot the home invading miscreant I'd hire a very good lawyer. Also, are Canadian gun laws prohibitive of keeping a shotgun standing up against the nightstand? @ Canovack Yes. If you left a shotgun loaded or not standing in your bedroom (or anywhere else in your dwelling) you would be guilty of Ünsafe Storage of a Firearm. Guns must be locked up in your home and I think you must have a trigger lock on them. So by the time you unlock your strongbox, remove your trigger lock, load your pistol, the home invader has killed you ! That sucks, Muzzlepuncher. Have the law enforcement agencies taken to surprise visits for the purpose of catching those who don't conform to the draconian laws? What I am getting to here is that many of us would go ahead and do what we think is practical in spite of the law, but if you are subject to surprise raids you would have to be very careful. I empathize with my canadian neighbor. I travel through Onterio many times a year to fish in the Minnesota waters of Lake of the Woods Northwest angle. I cannot take my piece through Canada for personal protection, if I do and get caught I can never go back through Canada. Bummer. Anyway, I just recieved my FFL and I intend to arm every resident in my north central Minnesota community. I am going going to encourage everyone here to join the largest armed army in the world. U.S. private citizen gun owners. Try and take 'em. I am sure a lot of Canadian gun owners are doing likewise. The way it goes that should the police visit your home for some other reason, such as taking a report, and notice an unlocked gun laying around, they will most certainly charge you with Ünsafe Storage". This country which I used to love is becoming a damned "Nanny State". In Toronto, for instance, everytime you go to do anything, there's a bylaw against it or a tax on it ! We now have a city bylaw forbidding the operation of target ranges. They closed about three of them that had been operating for many years, without so much as one problem. I'd love to live in Vermont where there are practically no laws or regulations regarding use and ownership of firearms. As I reflect I remember a conversation I had this fall with a First Nation commercial fisherman I buy from who resides in Grand Rapids Manatoba which is on the northwest shore of Lake Winnepeg. He wondered why the US founding fathers didn't draw the US northern border lines aboout 20 degrees further north. Then most canadian residents would be americans! I couldn't answer, I didn't know. Sure would have been a better move I believe. @ Shoe THAT is too tempting. I'd be able to travel to Florida, Texas, and Mississippi, without any problems, or PASSPORT ! OK, Muzzlepuncher, I certainly get the drift of what you are saying. We would welcome you with open arms to the conservative, well armed state of Texas! @ canovack Thank you. I kthink I would love livivng in any of your southern States. Enjoyed time in Florida, Kentucky, Georgia, and Tennessee. Dixie ROCKS ! 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