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Texas Joins Fight to Nullify Federal Gun Restrictions
by Ali Papademetriou
Just weeks ago, a Kansas City lawmaker proposed legislation to restrain domestic drone surveillance use. Representative Casey Guernsey’s bill, the ‘Preserving Freedom of Unwarranted Surveillance Act’, would mandate law enforcement to obtain a warrant in order to use drone surveillance. Additionally, the bill would protect people, farms and other agricultural organizations from being spied on by unmanned aerial vehicles used by other people or state agencies without the target’s compliance.
Now, out of retaliation to the proposed gun laws that the president and vice president promised to implement this year in the wake of the Sandy Hook shooting, the same liberty advocating lawmaker is at it again. Guernsey has introduced a bill, HB 170, the ‘Missouri 2nd Amendment Preservation Act’, which has 61 co-sponsors and would nullify all federal mandates or regulations regarding personal firearms, firearm ammunition as well as accessories.
“Any official, agent, or employee of the federal government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in the state of Missouri and that remains exclusively within the borders of the state of Missouri shall be guilty of a class D felony,” reads part of the bill.
He’s not the only one working to nullify unconstitutional federal gun laws. Pennsylvania’s Gilberton Borough Police Chief Mark Kessler is asking officials in his area to pass a decree that would nullify any unconstitutional bouts on the Second Amendment. Kessler is asking lawmakers in his borough to pass a nullification measure as well as promoting the idea on a nationwide level.
Concurrently, as SLN reported, Wyoming Representative Kendell Kroeker has introduced HB0104, the Firearms Protection Act, which would nullify the federal government’s ability to infringe on Wyoming citizens’ right to bear arms. The legislation is “an act relating to firearms; providing that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on in this state shall be unenforceable in Wyoming; providing a penalty; and providing for an effective date.”
Rep. Kroeker explained, “We need the second amendment because it is the protection for all of our other rights. Without it, those rights have no protection.”
In addition, his bill reads, “No public servant… or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming.” Best of all, the nullification measure would punish any employee of the United States government, and charge them guilty of felony if they attempt to breach Wyoming’s constitutionally protected gun rights.
“Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not less than one (1) year and one (1) day or more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.”
Yet even more state lawmakers are taking a similar constitutional position. In Texas on Wednesday, HB553, the ‘Second Amendment Preservation Act’ was introduced. Like its predecessors, the bill would nullify any federal law infringing on the Second Amendment in Texas.
“All federal acts, laws, executive orders, agency orders, and rules or regulations of all kinds with the purpose, intent, or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore, infringes upon Texans’ right to bear arms in direct violation of the Second Amendment to the Constitution of the United States, and therefore, any such law is not made in pursuance of the Constitution, is not authorized by the Constitution, and thus, is not the supreme law of the land, and consequently, is invalid in this State and shall be further considered null and void and of no effect in this State,” reads part of the legislation.
“A person who is a public servant commits an offense if the person, while acting under color of the person’s office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore.”
In addition to state government employees, federal employees would also be punishable. “An offense under Subsection (b) is a Class A misdemeanor punishable by confinement for a term not to exceed one year, a fine of not more than $10,000, or both the confinement and the fine.”