Second Amendment State/LEO response to federal gun ban threat

Discussion in 'Bill of Rights' started by CATO, Jan 10, 2013.

  1. CATO

    CATO Monkey+++

    Odd don't you think . . . isn't that what the 2nd Amendment was for? If the feds don't listen to the Constitution, why will they listen to a state? I feel a federalism SC case coming on . . . or a civil war redeux.
    Wyoming Lawmakers Propose ‘Gun Protection’ Legislation

    Several Wyoming lawmakers are proposing legislation designed to protect gun-owners from any potential federal firearm ban. The “Firearms Protection Act” bill, introduced this week, would make any federal law banning semi-automatic firearms or limiting the size of gun magazines unenforceable within the state’s boundaries.

    RELATED - Hotel Employee With Gun Thwarts Robbery

    Anyone trying to enforce a federal gun ban could face felony charges under the proposal. It also includes a provision allowing the Wyoming Attorney General’s office to defend any state resident against any federal firearm ban.

    Read the Complete 'Firearm Protection Act'
  2. Mechwolf

    Mechwolf Monkey+

    I think all states able to pass this type of legislation need to do so ASAP.. I'm hoping Oklahoma is not far behind. I've been in contact with my local rep. doesn't hurt that he's my Doctor either.
  3. ditch witch

    ditch witch I do stupid crap, so you don't have to

    Actually I can totally see why they are doing it like that. I watched a documentary the other day about a guy in San Luis Obispo (sp) Cali who opened a weed medical marijuana dispensary with the full blessing of the state and local city council, only to have a local sheriff spend an entire year watching, recording, and documenting every move the guy made, photographing all of the customers and getting their plate numbers. call in the feds specifically to bust him. He couldn't do any arrests himself as the guy wasn't breaking any local ordinances or state laws, so he got the feds to do it for him. THEN, the feds turned the lot of it over to the sheriff after they were done, and he proceeded to start harassing the patients because now he had their medical info. (and then after he'd ruined the dispensary guy, he got called in on illegal wiretapping charges on his own deputies)

    So by this ruling I would think the state could bring felony charges to any state or local po po who actively tries to assist the feds in enforcing a federal gun ban.
  4. CATO

    CATO Monkey+++

    Reminds me of the local cops the Germans used to round up the Jews
    ditch witch likes this.
  5. HK_User

    HK_User A Productive Monkey is a Happy Monkey

    Wyoming in Texas?​

    A proposal to existing Wyoming law is causing a stir in Texas.
    HB 104 is an amendment to a tenuous existing Wyoming law which is currently being decided in the courts. Is this an admirable public policy statement or a tool to stop an aggressive federal intrusion? If Wyoming HB 104 is a "usable tool" as intended, the Texas Legislature will certainly follow.

    In the meantime, others have stepped forward. Lt. Governor David Dewhurst was recently asked if a remedy was available in the state of Texas to stop firearm confiscations and other serious attacks on 2nd Amendment rights.

    Dewhurst answered that he could be named as the plaintiff in a lawsuit on behalf of the State of Texas against the Federal Government. A temporary restraining order would halt the onerous action. The suit would likely go to the U.S. Supreme Court which could take 2 years. Our lawyer? Why, Texas Attorney General Greg Abbott, of course!

    While the Wyoming law might work against a federal assault, remember the Texas Legislature is still organizing for legislative session with 138 days to go. Final passage for most legislation takes about half that time to cycle through the entire process.

    We might need quicker action. It's good to know we have friends in high places. watching.

    We're all keeping watch and we're all worried.

    In the meantime, write your U.S. Congressman and our two U.S. Senators and write them often. Check the links at for contact information.
    kellory and ditch witch like this.
  6. CATO

    CATO Monkey+++



    Austin, TX – State Representative Steve Toth (R-The Woodlands) has begun the process to file legislation assisting the protection of the Second Amendment of the United State Constitution. The “Firearms Protection Act” bill would make any federal law banning semi-automatic firearms or limiting the size of gun magazines unenforceable within the state’s boundaries. Anyone trying to enforce a federal gun ban could face felony charges under the proposal.

    "We can no longer depend on the Federal Government and this Administration to uphold a Constitution that they no longer believe in. The liberties of the People of Texas and the sovereignty of our State are too important to just let the Federal Government take them away. The overreach of the federal administrations executive orders that are do not align with the Constitution, are not very popular here in Texas," said Representative Toth.

    Along with Wyoming, Texas will lead the country in continuing to stand for the sovereignty to run Texas as Texans see fit while exercising the Bill of Rights Amendments 2 & 10 to "prevent misconstruction or abuse of its powers… [to] extending the ground of public confidence in the Government."

    Along with Texas Attorney General Greg Abbott, who has already filed over twenty-three suits against the Federal Government, Representative Toth will continue to stand with other Texans to encouraging the promotion of personal responsibility and liberties while actively guarding against outside parties attempting to erode the freedoms enjoyed by Texans so that the people of Texas may have more confidence in their government.
    kellory, RightHand, tulianr and 2 others like this.
  7. fedorthedog

    fedorthedog Monkey+++

    Thats it road trip time gotta pick up a piece of land there,
  8. ditch witch

    ditch witch I do stupid crap, so you don't have to

    Deleted my own drivel.
  9. Pax Mentis

    Pax Mentis Philosopher King |RIP 11-4-2017

    I think this legislation is a good idea.

    If we rely on the guarantees of the Second Amendment, we must rely on the SCOTUS and other federal courts and agencies to enforce them...and they are the basic problem in the first place. I mean, it is not as if we still have separation of powers or checks and balances in the federal realm.

    State laws that are enforceable by state courts and agencies give the people more legal basis for actions that then must be overcome by the feds if they wish to enforce their unconstitutional edicts...
    Mountainman, tulianr and HK_User like this.
  10. CATO

    CATO Monkey+++

    related news link (although seems a bit commercially)

    Sheriffs CAN Block Federal Gun Control
    The county sheriff is the highest governmental authority in his county

    Sheriffs CAN Block Federal Gun Control

    “A high-profile former sheriff who once sued the U.S. government over its gun regulations – and won – says it is the local sheriff who will have to defend Americans when and if the feds starting banning and confiscating guns.
    Richard Mack, a former sheriff in Graham County, Ariz., joined with then-Ravalli County Sheriff Jay Printz in a lawsuit against Washington when Bill Clinton demanded sheriff’s enforce provisions of the Brady Bill gun control law.

    He won. And since then he’s been at the front of a movement that highlights the responsibility of local sheriffs.

    Now, as Washington gears up to consider imperious plans to limit guns, require fingerprinting and registration, impose additional taxes and fees, ban particular features or functions outright, and even confiscate weapons of self-defense, Mack has told WND that there’s hope remaining in local law enforcement.

    It’s not complicated, he said.

    “Gun control is illegal and it’s against the Constitution,” he said. “What people don’t realize is that the Second Amendment was designed to protect us from the power of the federal government.”

    He said he would expect sheriffs across the country to defend the rights of ordinary Americans.” (From an Article by Michael Carl at WND)

    Think about it for a moment. When the conflicts between local citizens and the federal agents begin, who is the person to get between them? Your local sheriff, that’s who.

    When I was sworn-in, many years ago, as a deputy sheriff, I swore to uphold and protect the US Constitution. As Mr. Carl points out in his very enlightening article, gun control is illegal. It is a violation of the US Constitution. The 2nd Amendment says plainly your right to keep and bear (“bear” means “to carry”) arms shall not be infringed. Infringed means “to go against,” to change, to limit, and on, and on. In plain language it means the government cannot, legally, do a darned thing to infringe your rights under the Second Amendment.

    Seems to me, a local sheriff would be well within his rights, in upholding the law (the constitution) to arrest any, and all, federal agents who persist in an attempt to enforce any federally imposed gun control laws in his jurisdiction.

    Here is a little known fact: ” ... no matter what gun control laws are passed by the federal government, they can only be enforced in your area if your county sheriff allows them to be.”

    ” ... the county sheriff is the highest governmental authority in his county and he does not have to bow to the tyranny of the federal government if he deems such actions to be unconstitutional or unlawful. In essence, the county sheriff has more legal authority within his county than the governor or the state or even the president of the United States.”—Read more:

    I agree with the writer of the article at But I see two problems. One: The American government is no longer bound to the constitution. Having decided the constitution is no longer valid, since we MODERN Americans have outgrown its lack of moral relativism, our current government just does whatever the heck it pleases and rams it down the throats of the citizens.

    Two: The American citizen is so totally ignorant of his/her rights under the Constitution, including the Bill of Rights, that they no longer protest when their government goes rogue. Of course, there is always the ten percent who either don’t get the word or don’t give a da*n.

    Given the above information, don’t you think it might be prudent to contact your local sheriff and inquire where he/she stands on gun control and the enforcement of unconstitutional laws in his/her jurisdiction?

    Sheriff Richard Mack has authored a book entitled: “From My Cold Dead Fingers.” In the book, Sheriff Mack clearly outlines why the unrestricted right of the people as individuals “to keep and bear arms” is essential to the preservation of both individual liberty and domestic tranquility. Mack reminds us of facts that were self-evident to earlier generations of Americans, but which are all but forgotten in today’s climate of incessant cries for more gun control. Critics tell us “From My Cold Dead Fingers.” is concise and compelling. They say this book is an indispensable resource for any lover of freedom. Some even insist “From My Cold Dead Fingers.” is one of the most essential books ever written on the Second Amendment.

    You may purchase “From My Cold Dead Fingers.” here:

    As we Americans try to wind our way through these weeks, months, and years of uncertainty, and turmoil that began upon the swearing-in of Obama, the first time, and continues even today, extending into the future for at least four more years, we desperately need leaders. The only leadership coming out of our nation’s capitol is leading the wrong way, down the path to utter destruction.

    Could it be that American leadership will ultimately be found at the local level—with our powerful county sheriffs? Indeed, what could be more American than that?

    These are, indeed, “times that try men’s souls.” We are undoubtedly living through a period in our country’s history that will decide the fate, not only of OUR country, but of the world community. For, as our friends at Canada Free Press say right across the top of their website, “Because without America there is no free world.”

    Since the early days of the 20th century America has been fighting wars with and for of its global neighbors attempting to maintain conditions that allow freedom to grow and flourish for all people. Now it is time we Americans turn our attention inward and clean up around our own doorstep and in our own home. Its not just something we’d like to do—it is something we MUST do—or we will perish.

    It’s not about gun control. It’s about people control, about liberty, about freedom, it’s about making America safe for socialism. It’s about whether America survives as a free country or dies with the shackles and chains of slavery wrapped tightly around her neck and the heavy yoke of a powerful central government dragging her down into the dust.

    The only question—do we have the courage to stand up, as men, and demand that our God-given rights be left alone, acknowledged as sacrosanct, just as God and the founders of this nation intended? Or, do we curl up in a fetal position and mewl weakly for our national nanny to tuck us in.

    At my, ahem, advanced age, I’m getting down to the “short rows” in life now and it pains me to know that I may be leaving my grandchildren an America as completely “messed-up” as it is today.

    As I watch our government taken over by the socialists, those who would redistribute the wealth of that portion of this nation who work hard, scrimp, save, and “render unto Caesar” their taxes to better their lot in life and the lot of their children, I am reminded of something Samuel Adams said in an article in the Boston Gazette back in 1768. Adams said this: “The utopian schemes of leveling (He means re-distribution of the wealth) and a community of goods (Here Adams is referring to that which we call socialism today) are as visionary and impractical as those which vest all property in the crown. These ideas are arbitrary, despotic, and, in our government unconstitutional. Now what property can the colonists be conceived to have, if their money may be granted away by others, without their consent?”—Samuel Adams, Boston Gazette, April 4, 1768. (Emphasis mine)

    Socialism came ashore with the folks from the Mayflower. It failed—and nearly cost the colony’s life. It has been trying for a comeback in America ever since. Today socialism is thriving in America, and again, as it always does, it is killing its host.

    Longstreet is a conservative Southern American (A native sandlapper and an adopted Tar Heel) with a deep passion for the history, heritage, and culture of the southern states of America. At the same time he is a deeply loyal American believing strongly in “America First”.

    He is a thirty-year veteran of the broadcasting business, as an “in the field” and “on-air” news reporter (contributing to radio, TV, and newspapers) and a conservative broadcast commentator.

    Longstreet is a veteran of the US Army and US Army Reserve. He is a member of the American Legion and the Sons of Confederate Veterans. A lifelong Christian, Longstreet subscribes to “old Lutheranism” to express and exercise his faith.
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  11. CATO

    CATO Monkey+++

    More sheriffs throwing down the gauntlet.

    tulianr, Brokor, ghrit and 2 others like this.
  12. brandonnash

    brandonnash Monkey

    I am hoping more of this happens here in TN. Wyoming is looking better and better.
  13. CATO

    CATO Monkey+++

  14. CATO

    CATO Monkey+++

    Here's a big "F" "U" to Barry and Joe from eastern PA.

    Sheriff's office adds hours for gun permits - News - Citizens' Voice

    The crush of Lackawanna County residents seeking permits to carry concealed weapons shows no sign of letting up - to the point Sheriff John Szymanski's office is adding extra hours to handle it.
    The sheriff announced Monday that his office in the courthouse will stay open until 8 p.m. on Tuesdays and Thursdays to issue gun permits. The extended hours start today.
    "We are trying to accommodate the citizens who are having difficulty making arrangements to get in here" during regular business hours, the sheriff said.
    After handing out 413 permits last month - up from 265 in December 2011 - the office has been issuing about 40 permits per day since Jan. 1, Mr. Szymanski said.
    "It's hasn't subsided," he said. "It's a constant line."
    The number of permit applicants crowding the sheriff's office grew so large that Mr. Szymanski's staff had to establish a sign-in sheet. People were arguing about who was there first, the sheriff said.
    "Now they're taken in order of their sign-in. It's like a doctor's office here now," he said. "It's unbelievable."
    The demand for concealed weapons permits - technically a license to carry a firearm - comes as President Barack Obama's administration works on gun policy reforms in the aftermath of the Dec. 14 shooting at Sandy Hook Elementary School in Newtown, Conn. Twenty first-graders and six adult school employees were killed in the rampage. The gunman also shot and killed his mother at the family home. He eventually shot himself at the school as authorities closed in.
    A task force led by Vice President Joe Biden is expected to release its recommendations soon.
    Mr. Szymanski said his office's extended hours will remain in effect "until this onslaught ceases," but at least through Feb. 28.
    There will be some cost involved for county taxpayers. Although he anticipates a deputy assigned to the Central Processing Center will be "borrowed" to handle the security screening at the courthouse entrance, the sheriff said the longer hours will mean overtime for at least one employee.
    "The cost won't be much, but you have to do what you have to do," Mr. Szymanski said.
    ditch witch, Brokor and ghrit like this.
  15. CATO

    CATO Monkey+++

    Texas to Join Wyoming: Felony Charges for Enforcing New Gun Control

    Texas to Join Wyoming: Felony Charges for Enforcing New Gun Control

    by AWR Hawkins 15 Jan 2013
    Texas state representative Steve Toth is filing legislation for a "Firearms Protection Act" similar to that which we saw in Wyoming.

    This law will make "any federal law banning semi-automatic handguns or limiting the size of gun magazines unenforceable within the state's boundaries."

    Not only will this put Texas shoulder-to-shoulder with Wyoming in making it a felony for anyone--including federal agents--to try to enforce new gun control, but according to the Tenth Amendment Center it is in perfect harmony with the actions of Texas Attorney General Greg Abbott, "who has already filed over twenty-three lawsuits against the federal government."

    More good news--representative Toth is newly elected, which means he isn't wasting any time. He is taking it to the gun-grabbers instead of sitting back to see what happens next.

    Toth puts it this way: "We can no longer depend on the Federal Government and this Administration to uphold a Constitution they no longer believe in."
    The message is simple: "Don't Mess With Texas," and particularly, with Texas' gun laws.
    ditch witch likes this.
  16. CATO

    CATO Monkey+++

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  17. ditch witch

    ditch witch I do stupid crap, so you don't have to

    Ever stood along the rail at the horse track and felt the ground rumble beneath you as they come down the stretch?
    I'm bettin' seein all those well written, carefully letters from LEOs across the country piling up on the desk delivers roughly the same sensation.
    sgt peppersass, oldawg and chelloveck like this.
  18. oldawg

    oldawg Monkey+++

    I'm hoping those letters are also sending a message to other county and state level politicians who have dreams of becoming the next little tyrant that the road may not be as smooth as they think.
    sgt peppersass and ditch witch like this.
  19. HK_User

    HK_User A Productive Monkey is a Happy Monkey

    I once had a "person" tell me I was wrong for getting a CCL. I told him I was just endorsing the work done by others in proving to the PTB that I'd carry, any place any time.

    You'll be counted either way, On your feet or On your knees.
    kellory and ditch witch like this.
  20. CATO

    CATO Monkey+++

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