Pennsylvania Firearm Owners Association
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  1. #1
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    Default NH Legislators Look to Nullify Federal Gun Laws

    I like to think of New Hampshire as the Mercedes-Benz of the 'state' world. Whatever they do, other states (manufacturers) copy as they are the trend setters!

    http://www.tenthamendmentcenter.com/...eral-gun-laws/

    Resist DC: NH Legislators Look to Nullify Federal Gun Laws

    01. Jan, 2010

    by Michael Boldin

    NH Legislators again raise the bar for the 10th Amendment Movement – felony charges proposed for federal agents violating gun rights in New Hampshire

    Pre-filed for the 2010 legislative session in New Hampshire, House Bill 1285 (HB1285) seeks to “exempt firearms, firearm accessories, and ammunition manufactured in New Hampshire from federal law and regulation.”

    Introduced by State Rep. Dan Itse, the bill currently has 5 other co-sponsors, including 10-4 pledge signer, Carol Vita. (h/t NHLiberty.org)

    While the bill’s title focuses on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government. It states, in part:

    The Tenth Amendment to the Constitution for 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 New Hampshire certain powers as they were understood at the time that New Hampshire ratified the Bill of Rights, particularly the Tenth Amendment in 1790. The guaranty of those powers is a matter of contract between the State and people of New Hampshire and the several States comprising the United States as of the time that the compact was agreed upon and adopted by New Hampshire and the several States comprising the United States.
    The regulation of inter-state commerce was delegated by the People of the Several States to the federal government in the US Constitution. Since the regulation of intra-state commerce was not delegated to the federal government, this authority, as codified in law by the 10th Amendment, remains with the State governments or the People themselves.

    HB1285 includes this principle in its text:

    a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the state of New Hampshire is not subject to federal law or taxation, or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce.

    The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in New Hampshire from those materials. Firearms accessories that are imported into New Hampshire 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 New Hampshire.
    Unlike many other states that are considering Firearms Freedom Acts (FFA), the New Hampshire legislation includes official sanctions on any state or federal official violating the law, if adopted.

    State Agents:

    Any public servant of the State of New Hampshire as defined in RSA 640:2 that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class A misdemeanor.
    Federal Agents:

    Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States that enforces or attempts to enforce a act, order, law, statute, rule or regulation of the government of the United States upon a personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in New Hampshire and that remains within the State of New Hampshire shall be guilty of a class B felony. (emphasis added)
    NULLIFICATION

    Some supporters of the legislation say that a successful application of such a state-law would set a strong precedent and open the door for states to take their own positions on a wide range of activities that they see as not being authorized to the Federal Government by the Constitution.

    The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

    All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states.

    A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010. Thirteen states now have some form of medical marijuana laws – in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law nearly void.

    INTERPOSITION

    In the Virginia Resolution of 1798, James Madison wrote of the principle of interposition:

    That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.
    Here Madison asserts what is implied in nullification laws – that state governments not only have the right to resist unconstitutional federal acts, but that, in order to protect liberty, they are “duty bound to interpose” or stand between the federal government and the people of the state.

    Felony charges for violations of citizens’ rights such as proposed in HB1285 are certainly an effort to interpose between state residents and an overreaching federal government. Time will tell if the State Apparatus will follow through with such needed actions should the bill pass.
    Last edited by buster2209; January 4th, 2010 at 01:56 AM.

  2. #2
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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    Sounds good.

    Also sounds like it has FAIL stamped all over it. Havent these bills been shot down a few times already?
    Millions for defense, Not one cent for tribute!

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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    Quote Originally Posted by YllwFvr View Post
    Sounds good.

    Also sounds like it has FAIL stamped all over it. Havent these bills been shot down a few times already?
    they will hold the power tightly and tantrum not to lose it, doesnt mean its constitutional

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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    i'll be emailing this to family that i have in new hampshire. and for good measure, i'll email it to the family that lives in the socialist state of massachusetts, so that they can spread the word to their friends from NH.

    and to those who would say this will fail, you can always help to get this bill to pass, as well as (or instead of) making such claims. we might not be residents of NH, but we can still contact state reps from NH, and let them know that this bill may very well inspire similar bills across the nation. NH has, thus far, done a good job at leading the charge of standing up to the feds, but they need to know that they have support across this country.

  5. #5
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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    Quote Originally Posted by ddog101775 View Post
    we might not be residents of NH, but we can still contact state reps from NH, and let them know that this bill may very well inspire similar bills across the nation.
    This bill might inspire to move there.

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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    Quote Originally Posted by Carnes View Post
    This bill might inspire to move there.
    Sounds like a plan.

  7. #7
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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    Quote Originally Posted by YllwFvr View Post
    Sounds good.

    Also sounds like it has FAIL stamped all over it. Havent these bills been shot down a few times already?
    Not exactly , The BATFE sent a sternly worded letter ( they must think their the UN ) to Tennessee about their proposed " Made in " Law . But the one in Montana has been signed into law and its my understanding their just trying to line up all the pieces with a squeaky clean defendant to force the issue to go to trial. In fact , IIRC , Montana's Governor even directed the State AG's Office to represent whoever is the test case free of charge.
    Si vis pacem, para bellum
    A fear of weapons is a sign of retarded sexual and emotional maturity. -- Sigmund Freud

    Proud to be an Enemy of The State

  8. #8
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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    Several states have these laws in the pipeline. Though the topic is guns, the real challenge is to the commerce clause -- to what extent can the feds regulate what happens entirely within a single state? Almost makes me wish I hadn't moved out of NH (but then there are the winters . . .).

    If it passes, I suspect that Sigs and Rugers will be really hot sellers in the Granite State.

  9. #9
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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    I REALLY look forward to seeing this law enforced. Made in NH suppressors FTW!
    "You can't stop insane people from doing insane things by passing insane laws--that's insane!" -- Penn Jillette

    "To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic." -- Ted Nugent

  10. #10
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    Default Re: NH Legislators Look to Nullify Federal Gun Laws

    I think there are already a couple of other states who passed similar laws recently (Tennessee and Montana come to mind for some reason). All I remember is reading an article where the ATF sent a letter to the state legislatures with a 'No you have it wrong, WE call the shots' theme.

    The 10th Amendment asserting state jurisdiction in areas not delegated to the Federal government is nothing new. However, its power, as enforced by the Supreme Court, waxes and wanes with the number and type of Justices who sit on the Court. Unfortunately, historically speaking, the Supreme Court has expanded its interpretation of the Commerce Clause fairly liberally over the years, allowing federal government legislation to be considered valid within the Commerce Clause.

    As a point of interest: The health care legislation is effectively being passed pursuant to Congress' Commerce Clause powers.
    Nevermore ...peering from the People's Republic of California

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