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Author Archives: Rambo
REBELLION IN AMERICA
5th state exempts guns. Is Washington noticing?
‘I think they’re going to let it ride, hoping some judge throws out case’
Posted: March 15, 2010
9:11 pm Eastern
By Bob Unruh
© 2010 WorldNetDaily
A fifth state – South Dakota – has decided that guns made, sold and used within its borders no longer are subject to the whims of the federal government through its rule-making arm in the Bureau of Alcohol, Tobacco, Firearms and Explosives, and two supporters of the growing groundswell say they hope Washington soon will be taking note.
South Dakota Gov. Mike Rounds has signed into law his state’s version of a Firearms Freedom Act that first was launched in Montana. It already is law there, in Tennessee, Utah and Wyoming, which took the unusual step of specifying criminal penalties – including both fines and jail time – for federal agents attempting to enforce a federal law on a “personal firearm” in the Cowboy State.
According to a report in the Dakota Voice, the new South Dakota law addresses the “rights of states which have been carelessly trampled by the federal government for decades.”
“As the federal government has radically overstepped is constitutional limitations in the past year or so, an explosion of states have begun reasserting their rights not only with regard to firearms, but also in shielding themselves against government health care, cap-and-trade global-warming taxes, and more,” the report said.
South Dakota’s law specifically notes “any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in South Dakota and that remains within the borders of South Dakota is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”
The provisions are nearly a mirror of the original law penned in Montana as well as those adopted in subsequent decisions by Tennessee, Utah and Wyoming.
Gary Marbut of the Montana Shooting Sports Association spearheaded the Montana law and now describes himself as a sort of “godfather” to the national campaign.
He told WND the issue is not only about guns but about states’ rights and the constant overreaching by federal agencies and Washington to impose their requirements on in-state activities.
He said he’s pleased South Dakota has become No. 5, and noted Alaska, Idaho and Oklahoma all have legislation that is approaching the stage of being presented to a governor to be made into law.
The Firearms Freedom Act website also reveals that other states with either pending legislation or pending plans include Alabama, Arizona, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, New Hampshire, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Virginia, Washington and West Virginia.
Marbut said Washington appears to be reacting the same way it did when states legalized marijuana or rejected the REAL ID national plan: by ignoring it.
“Ultimately we hope there will be lawsuits in other federal circuits, because there are two things that predispose the U.S. Supreme Court to take a case: the national scope of the issue and differing appellate decisions,” he told WND.
Michael Boldin of the Tenth Amendment Center said Washington likely is not anxious for a confrontation.
“I think they’re going to let it ride, hoping some judge throws out the case,” he said today.
“When they really start paying attention is when people actually start following the [state] firearms laws,” he said.
But when Democratic Gov. Dave Freudenthal signed his state’s bill into law, it included penalties for any agent of the U.S. who “enforces or attempts to enforce” federal gun rules on a “personal firearm” in Wyoming including up to two years in prison and up to $2,000 in fines.
The bellwether likely is to be a lawsuit pending over the Montana law, which was the first to go into effect.
As WND reported, the action was filed by the Second Amendment Foundation and the Montana Shooting Sports Association in U.S. District Court in Missoula, Mont., to validate the principles and terms of the Montana Firearms Freedom Act, which took effect Oct. 3, 2009.
Marbut argues that the federal government was created by the states to serve the states and the people, and it is time for the states to begin drawing boundaries for the federal government and its agencies.
The government’s filing in the case demands its dismissal, citing a lacking of “standing” for the plaintiffs and the court’s lack of “jurisdiction,” as well as the Constitution’s Commerce Clause. The government filing argues, “The Supreme Court and Ninth Circuit have repeatedly held that even purely intrastate activities, such as those the MFFA purports to exempt from federal law, do affect interstate commerce and thus are within Congress’ power to regulate. As a result, even if plaintiffs had standing and jurisdiction existed, plaintiffs’ amended complaint fails to state a claim and must be dismissed.”
The Commerce Clause, however, can be interpreted to have been amended by the 10th Amendment, which is part of the Bill of Rights, adopted subsequent to the U.S. Constitution, Marbut explains.
His organization said, “The Commerce Clause was amended – by the 10th Amendment. It is a bedrock principle of jurisprudence that for any conflict between provisions of a coequal body of law, the most recently enacted must be given deference as the most recent expression of the enacting authority. This principle is ancient. Without this principle, laws could not be amended or repealed.”
For example, U.S. courts repeatedly affirmed slavery before it ultimately was rejected.
There’s no question that the components of the Bill of Rights have authority: just look at the First Amendment, Marbut explained.
In an analysis by the Tenth Amendment Center, the gun laws were described as a nullification.
“Laws of the federal government are to be supreme in all matters pursuant to the delegated powers of U.S. Constitution. When D.C. enacts laws outside those powers, state laws trump. And, as Thomas Jefferson would say, when the federal government assumes powers not delegated to it, those acts are ‘unauthoritative, void, and of no force’ from the outset,” Boldin wrote.
“When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘noneffective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned. Implied in such legislation is that the state apparatus will enforce the act against all violations – in order to protect the liberty of the state’s citizens,” he continued.
This is from Dr Piazza, founder of Frontsight, a firearms training facility in Nevada. I like his idea.
When I started this blog, 100 Mondays ago, I didn’t think it would grow so fast. We now have over 275,000 subscribers who read my posts and forward them on to their family and friends.
Over 275,000 subscribers and growing is a number I want you to remember because collectively, with the power of the Internet, 275,000 subscribers can make history and in doing so influence a much needed and proper “change” in the direction our country is heading!
I’m serious and not only am I going to prove it to you, I am going to make it so simple for you be a part of making history through influencing a much needed and proper change in the direction of our country, andI’m going to reward you greatly for doing so!
Here is what I mean…
As you know, there are a number of organizations that have conducted marches and events to send a clear message to our government that the Silent Majority in this country are more than unhappy with the direction America is heading.
The discontent has no party lines. We are disillusioned with and distrustful of “politicians” in general and that includes Democrats and Republicans. Basically, we are damn tired of the Constitution and Bill of Rights being ignored, our freedoms trampled, and those we elect continuing to forget who they are supposed to serve… WE THE PEOPLE.
As you are well aware the, Tea Party Movement is holding numerous rallies in cities across the country through April 15th. The Second Amendment March on Washington, DC is happening on April 19. These are great events that will attract a significant amount of people attending, but there is no way that the “Silent Majority” will be properly represented because we cannot ALL attend.
But WE THE PEOPLE, the Silent Majority who are armed, understand our rights, and recognize that the current batch of elected servants in Washington, DC just don’t “get it” can send a clear and concise warning to the government that will make our Founding Fathers smile from above and send a cold chill down the spines of those failing to “…preserve, protect, and defend the Constitution of the United States.”
Here is how easy you can make history and influence a much needed and proper “change” in the direction of our country!
Step 1. Print out FIVE COPIES of the most descriptive flag in American history, the symbol Benjamin Franklin felt was the most appropriate for the revolution when he wrote, “She never begins an attack, nor, when once engaged, ever surrenders: She is therefore an emblem of magnanimity and true courage. … she never wounds ’till she has generously given notice, even to her enemy, and cautioned him against the danger of treading on her.”
Step 2. Fold one of the 8 1/2 x 11 inch flags and insert it into an envelope addressed the President of the United States. The President’s address is:
President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Fold another and insert it into an envelope addressed to your Federal Representative. Fold another two flags and address them to each of your Senators in Washington, DC.
Place all four envelopes in the mail so they are postmarked MONDAY, APRIL 19th. Why April 19th? Because April 19th is the anniversary of the “Shot Heard Round the World.” On that day in 1775, our forefathers stood their ground against British tyranny in the Battle of Old North Bridge at Concord, Massachusetts.
Save the FIFTH FLAG for the reward I will give you after April 19th. That fifth flag will be worth thousands of dollars to you to show my thanks for your participation in sending a clear message to our government that the Silent Majority in this country will not tolerate the direction America is heading.
Step 3. Forward this email to your family and friends, everyone on your e-mail lists, and place it on all the chat rooms you frequent. Make this April 19th postmark “Don’t Tread on Me” mail campaign go viral throughout the Internet and OVERWHELM our elected officials in Washington, DC so they know, without a doubt, that the Silent Majority, who understand the Constitution — whether Democrat, Republican, Libertarian, or undeclared are NOT TO BE TREAD UPON!
Remember I told you that I would prove to you that as one of the 275,000 subscribers to my blog, collectively, with the power of the Internet, you can make history and in doing so influence a much needed and proper “change” in the direction of our country!
Well here is the proof…
If you and my other subscribers follow all three steps and just ONE of the people you send this email to does the same, and just ONE of the people they send this email to does the same, and just ONE of the people they send this email to does the same, and so on… by April 19th, TENS OF MILLIONS of “Don’t Tread on Me” letters will flood Washington, DC throughout the week of April 19th creating a thunderous “shot heard round the world” that the media and every elected official cannot ignore!
All it takes to make YOUR shot heard round the world is to follow the 3 simple steps above.
And remember to save the fifth flag you print out for the amazing reward I am going to give on April 20th to YOU and everyone who participates in the Monday, April 19th “Don’t Tread on Me” postal mail campaign. Believe me when I say it is worth thousands of dollars to you and will dwarf everything I have done as the “Millionaire Patriot” to date!
Follow the three simple steps above and get ready to fire your shot with your “Don’t Tread on Me” postal mail drop on Monday, April 19th, 2010.
Our Founding Fathers stood their ground against the greatest military machine of their time, sacrificing EVERYTHING to win our freedom. Let’s show Washington, DC that the blood of our forefathers is still pumping through the arteries of the Silent Majority and we are rattling a warning… Don’t Tread on US!
Follow the 3 Simple Steps above TODAY and get ready to fire your shot with tens of millions of your fellow patriots through the Monday, April 19th “Don’t Tread on Me” postal mail drop!
Thanks for your patriotism.
I post a different article on this blog each Monday so I look forward to your visit next week.
(If you are new to this blog and have not yet subscribed, click here for my free Gun Training Reports.)
If you have an interesting photo, story or tip about a relevant topic of interest to gun ownership, firearms training or Second Amendment issues, please feel free to send it to me at:
See you next week.
PS Here are some great links that give you more history on the “Don’t Tread on Me” flag.
By IAN MacDOUGALL, Associated Press Writer
Wed Mar 10, 7:01 pm ET
OSLO, Norway – Two years after receiving its first deposits, a “doomsday” seed vault on an Arctic island has amassed half a million seed samples, making it the world’s most diverse repository of crop seeds, the vault’s operators announced Thursday.
Cary Fowler — who heads the trust that oversees the seed collection, which is 620 miles (1,000 kilometers) from the North Pole, said the facility now houses at least one-third of the world’s crop seeds.
“In my lifetime, I don’t think we’ll go over 1.5 million. I’d be rather surprised if we go over a million,” Fowler told The Associated Press. “At that point, we’d have all the diversity in the world … and the most secure samples.”
Located in Norway’s remote Svalbard archipelago, the Svalbard Global Seed Vault is a safeguard against wars or natural disasters wiping out food crops around the globe. It was opened in 2008 as a master backup to the world’s other 1,400 seed banks, in case their deposits are lost.
War wiped out seed banks in Iraq and Afghanistan, and another bank in the Philippines was flooded in the wake of a typhoon in 2006. The Svalbard bank is designed to withstand global warming, earthquakes and even nuclear strikes.
Despite the rapid progress, Fowler said the bank still has significant holes in its collection.
“There are a few unique collections that we don’t have up there yet — Ethiopia and some of the Indian materials and some of the Chinese materials,” he said.
The most recent additions include a mold-resistant bean from Colombia and a collection of nearly every agricultural soybean species developed in the U.S. in the last century.
The Survival Club will be having a ‘Field Trip’ on 2-13-10 at the Ramkota in SF. Meet at the Ramkota Convention Center at 12:30 p.m. We will be viewing survival supplies.
We’ll be meeting at Coffea in SF on Friday, Jan. 29th at 5:30 p.m. Hope to see you there!