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Question? What other states.......
sarge_3ad
Member Posts: 8,387 ✭✭
are drafting resolutions to be sent to the US gov, telling them to abide or die by the Constitution besides New Hampshire and Arizona? I would like to have this information as I write a letter to my state representatives. Thank you.
Sarge
Sarge
Comments
10th Amendment Resolution - TLP
That the State of Colorado hereby claims sovereignty, under the 10th Amendment to the Constitution of the United States, over all powers not otherwise ...
www.lawfulpath.com/ref/10th-mnd.shtml
OR:
10th Amendment Resolution - TLP
"Restoring the Sovereignty and powers of the People, which have been unconstitutionally usurped by the federal government."
http://www.lawfulpath.com:80/ref/10th-mnd.shtml
#############
Several states have recently appealed to the 10th and/or the 9th Amendments to assert their state rights over federal government. These amendments state:
Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
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.
Washington
http://apps.leg.wa.gov/billinfo/summary.aspx?year=2009&bill=4009
New Hampshire
http://www.gencourt.state.nh.us/legislation/2009/HCR0006.html
Arizona
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/bills/hcr2024p.htm
Montana
http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm
Michigan
http://www.legislature.mi.gov/(S(sjgu5xbql1n5xf45imuuysrm))/documents/2009-2010/Journal/House/htm/2009-HJ-01-22-002.htm
Missouri
http://www.house.mo.gov/content.aspx?info=/bills091/bills/HR212.HTM
Oklahoma
http://axiomamuse.wordpress.com/2009/01/07/state-legislator-charles-key-wants-to-limit-federal-power/
Hawaii
http://www.hawaii-nation.org/
2009 Montana Legislature
Additional Bill Links PDF (with line numbers)
HOUSE BILL NO. 246
INTRODUCED BY J. BONIEK
A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; PROVIDING FOR THE DUTIES OF THE ATTORNEY GENERAL; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Short title. [Sections 1 through 7] may be cited as the "Montana Firearms Freedom Act".
NEW SECTION. Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 7] is the following:
(1) The 10th amendment to the United States constitution 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 Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.
(4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
NEW SECTION. Section 3. Definitions. As used in [sections 1 through 7], the following definitions apply:
(1) "Borders of Montana" means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution.
(2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.
(3) "Generic and insignificant parts" includes but is not limited to springs, screws, nuts, and pins.
(4) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.
NEW SECTION. Section 4. Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law 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. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana 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, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana 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 Montana.
NEW SECTION. Section 5. Exceptions. [Section 4] does not apply to:
(1) a firearm that cannot be carried and used by one person;
(2) a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;
(3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
(4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
NEW SECTION. Section 6. Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 7] must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or frame.
NEW SECTION. Section 7. Duties of the attorney general. (1) A Montana citizen whom the government of the United States attempts to prosecute, 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 manufactured and retained within Montana must be defended in full by the Montana attorney general.
(2) Upon written notification to the Montana attorney general by a Montana citizen of intent to manufacture a firearm, a firearm accessory, or ammunition to which [sections 1 through 7] apply, the attorney general shall seek a declaratory judgment from the federal district court for the district of Montana that [sections 1 through 7] are consistent with the United States constitution.
NEW SECTION. Section 8. Codification instruction. [Sections 1 through 7] are intended to be codified as an integral part of Title 30, and the provisions of Title 30 apply to [sections 1 through 7].
NEW SECTION. Section 9. Applicability. [This act] applies to firearms, firearms accessories, and ammunition that are manufactured, as defined in [section 3], and retained in Montana after October 1, 2009.
Track the Bill Here:
LAWS Detailed Bill Information Page
http://laws.leg.mt.gov/laws09/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=HB&P_BILL_NO=0246&P_BILL_DFT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ=
Bill Draft Number: LC0671
Current Bill Text: HTML PDF (w/line numbers)
Bill Type - Number: HB 246
Short Title: Exempt Montana-made firearms and ammunition from commerce clause
Primary Sponsor: Joel Boniek
Bill Actions - Current Bill Progress: In First House Committee--Nontabled
Bill Action Count: 21
- END -
http://tinyurl.com/
Michigan is surprising to say the least. Very liberal democrat state.
NINE STATES NOW DECLARING SOVEREIGNTY!!
10th Amendment Resolution - TLP
That the State of Colorado hereby claims sovereignty, under the 10th Amendment to the Constitution of the United States, over all powers not otherwise ...
www.lawfulpath.com/ref/10th-mnd.shtml
OR:
10th Amendment Resolution - TLP
"Restoring the Sovereignty and powers of the People, which have been unconstitutionally usurped by the federal government."
http://www.lawfulpath.com:80/ref/10th-mnd.shtml
#############
Several states have recently appealed to the 10th and/or the 9th Amendments to assert their state rights over federal government. These amendments state:
Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
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.
Washington
http://apps.leg.wa.gov/billinfo/summary.aspx?year=2009&bill=4009
New Hampshire
http://www.gencourt.state.nh.us/legislation/2009/HCR0006.html
Arizona
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/bills/hcr2024p.htm
Montana
http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm
Michigan
http://www.legislature.mi.gov/(S(sjgu5xbql1n5xf45imuuysrm))/documents/2009-2010/Journal/House/htm/2009-HJ-01-22-002.htm
Missouri
http://www.house.mo.gov/content.aspx?info=/bills091/bills/HR212.HTM
Oklahoma
http://axiomamuse.wordpress.com/2009/01/07/state-legislator-charles-key-wants-to-limit-federal-power/
Hawaii
http://www.hawaii-nation.org/
2009 Montana Legislature
Additional Bill Links PDF (with line numbers)
HOUSE BILL NO. 246
INTRODUCED BY J. BONIEK
A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; PROVIDING FOR THE DUTIES OF THE ATTORNEY GENERAL; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Short title. [Sections 1 through 7] may be cited as the "Montana Firearms Freedom Act".
NEW SECTION. Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 7] is the following:
(1) The 10th amendment to the United States constitution 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 Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.
(4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
NEW SECTION. Section 3. Definitions. As used in [sections 1 through 7], the following definitions apply:
(1) "Borders of Montana" means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution.
(2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.
(3) "Generic and insignificant parts" includes but is not limited to springs, screws, nuts, and pins.
(4) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.
NEW SECTION. Section 4. Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law 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. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana 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, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana 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 Montana.
NEW SECTION. Section 5. Exceptions. [Section 4] does not apply to:
(1) a firearm that cannot be carried and used by one person;
(2) a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;
(3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
(4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
NEW SECTION. Section 6. Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 7] must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or frame.
NEW SECTION. Section 7. Duties of the attorney general. (1) A Montana citizen whom the government of the United States attempts to prosecute, 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 manufactured and retained within Montana must be defended in full by the Montana attorney general.
(2) Upon written notification to the Montana attorney general by a Montana citizen of intent to manufacture a firearm, a firearm accessory, or ammunition to which [sections 1 through 7] apply, the attorney general shall seek a declaratory judgment from the federal district court for the district of Montana that [sections 1 through 7] are consistent with the United States constitution.
NEW SECTION. Section 8. Codification instruction. [Sections 1 through 7] are intended to be codified as an integral part of Title 30, and the provisions of Title 30 apply to [sections 1 through 7].
NEW SECTION. Section 9. Applicability. [This act] applies to firearms, firearms accessories, and ammunition that are manufactured, as defined in [section 3], and retained in Montana after October 1, 2009.
Track the Bill Here:
LAWS Detailed Bill Information Page
http://laws.leg.mt.gov/laws09/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=HB&P_BILL_NO=0246&P_BILL_DFT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ=
Bill Draft Number: LC0671
Current Bill Text: HTML PDF (w/line numbers)
Bill Type - Number: HB 246
Short Title: Exempt Montana-made firearms and ammunition from commerce clause
Primary Sponsor: Joel Boniek
Bill Actions - Current Bill Progress: In First House Committee--Nontabled
Bill Action Count: 21
- END -
Pure window dressing. All of those states listed are very "dependent" upon the federal government for a multitude of reasons. They love all the stuff the federal government gives them-theyll be damned to assert their powers and rights under the constitution, because it would require that they give up all the toys that they get from the federal government.
A question was asked about what other states had verbalized such action. I happened to have just been sent an email reference that issue, which I C&P'd, sans comment.[;)]