sunset from behind the wire

sunset from behind the wire

Sunday, May 5, 2013

Obama Continues his Assault on the Bill of Rights

The Obama Administration continues its assault on the Bill of Rights. This time it's the Ninth and Tenth Amendments that Attorney General has set his sight on. 
The Tenth Amendment to the Constitution of the United States: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Soon after Barack Obama became president, vowing to restrict, or to eliminate to the extent possible, privately owned firearms, Montana passed the Montana Firearms Freedom Act. Drawing on the Ninth, Tenth and Second Amendments, which are essential components to the Bill of Rights, they crafted a law wherein firearms manufactured in the state of Montana after October 1, 2009, and which remain in the state, are exempt from United States federal firearms regulations, provided that these items are clearly stamped "Made in Montana" on a central metallic part.
The Ninth Amendment to the Constitution of the United States: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The First through Eighth Amendments address the means by which the federal government exercises its enumerated powers, while the Ninth Amendment addresses a "great residuum" of rights that have not been "thrown into the hands of the government," as Madison put it. And comes Mr. Obama and his creature, Attorney General Eric Holder, who feel as if ALL POWER should be placed in the hands of the Federal Government in defiance of Constitutional Law.

Montana is not the only state to enact a firearms freedom statute. 

These States have Firearms Freedom Acts:

Idaho, Alaska, Wyoming, South Dakota, Utah, Tennessee, Arizona and Kansas

These States have introduced Firearms Freedom Acts which have not yet been ratified:

New Hampshire, Washington, Oregon, Colorado, Nebraska, Texas, Oklahoma, New Mexico, Arkansas, Mississippi, Louisiana, Alabama, Georgia, Florida, South Carolina, North Carolina, Virginia, West Virginia, Kentucky, Missouri, Iowa, Minnesota, Indiana, Michigan, Ohio, and Pennsylvania

Which brings us to Kansas

The Kansas Firearms Freedom Law declares that the federal government has no authority to regulate guns, ammunition and accessories manufactured, sold and kept only in Kansas. The law also makes it a felony for a federal agent to enforce any law, regulation, order or treaty covering those items. According to the bill a federal agent convicted for the first time under the Kansas law could serve up to six months in prison, although probation would be the more likely sentence.
(Fox News) What happens in Kansas stays in Kansas. At least that's what Kansas Gov. Sam Brownback is telling Attorney General Holder about guns sold to residents of the state. A new state law contends that guns purchased in the state to Kansans were free of any federal regulations and federal agents who try to enforce the federal laws will be committing a felony. 
The Federal government's regulation of gun/gun accessory sales is based on Article 1, Section 8, Clause 3 of the US Constitution which regulates interstate commerce, but it is the states contention that the guns are produced, sold, and remain in Kansas so the interstate commerce clause does not apply.
Getting ready for what will be a long draw-out court battle Kansas Attorney General Derek Schmidt as asked the state legislature to increase its budget by $225,000 over the next two years to cover the extra litigation costs that will come up with what the Kansas believes will be a legal showdown with the United States Government.