FL 2nd Amendment Preservation Act

Posted: October 17, 2013 in FL 2nd Amendment Preservation Act, The 2nd Amendment Issues

Gun Owners of America Endorses the 2nd Amendment Preservation Act

The effort to nullify federal violations of the 2nd Amendment just got a big boost from “the only no compromise gun lobby,” Gun Owners of America. When this organization calls on you to support a bill protecting your right to keep and bear arms, you can be sure that it’s the real deal.

Yesterday morning, GOA sent out an action alert in support of the Florida 2nd Amendment Preservation Act – a model bill drafted by the Tenth Amendment Center to nullify federal violations of the 2nd Amendment.  The bill – which is ready to introduce not just in Florida, but in every state – can be foundHERE.

Here’s an excerpt:

B. All federal acts, laws, orders, rules or regulations regarding firearms, firearms accessories, and ammunition are a violation of the 2nd Amendment

SECTION 2 PROHIBITION ON PARTICIPATION IN FEDERAL VIOLATIONS OF THE 2ND AMENDMENT

A. The Legislature of the State of _______________ declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers, and are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.

Since a vast majority of federal enforcement actions require the leadership, help and/or assistance of state or local governments, agents and resources – widespread refusal to enforce or participate in enforcement will severely cripple federal efforts.

Judge Andrew Napolitano confirmed this by saying that such noncompliance over an entire state would make federal gun laws “nearly impossible to enforce.”  James Madison advised the same in Federalist #46 when he said that one of the four things you should do on a state level to stop federal acts (either unconstitutional or merely unpopular), is a “refusal to cooperate with officers of the Union.”

Madison said these actions would, when done in multiple states, “present obstructions which the federal government would hardly be willing to encounter.”

GOA acknowledges the powerful effect of the 2nd Amendment Preservation Act, and encouraged activists in Florida to get behind the bill. We couldn’t be more grateful for their support of this effort – they’ve spearheaded some of the strongest pro-gun rights efforts anywhere, and we’re honored that they’ve decided to support our bill.

Here’s the text of their alert:

You may have heard of the Florida Second Amendment Preservation Act, which will hopefully be considered by during the legislative session in January.

You may also have heard that at least one prominent figure purporting to speak on behalf of gun owners is bad-mouthing that legislation.

So what are the facts?

Section 2A of the bill prohibits any federal action “in violation of the 2nd Amendment.”

So, for this statute to apply, a federal bureaucrat would have to actually VIOLATE THE CONSTITUTION.

Why is this so difficult for the anti-gunners to swallow?  Consider just some of the penalties our country already imposes:

* If a federal official unconstitutionally discriminates against a member of a minority on the basis of race, that official is liable under both federal and state law.
* Similarly, if a federal law enforcement official beats up a suspect in a back alley, in violation of his Fourth, Fifth, Sixth, and Eighth Amendment rights, that official can be prosecuted under both federal and state law.

So why is the Second Amendment any different?

We suspect that the difference is that the “bleeding hearts” who push for vigorous expansion of most of the Bill of Rights would like the Second Amendment to “just go away.”

But, says one prominent “pro-gun” opponent, the “crazy” Ninth Circuit (our characterization) has held similar legislation to be unconstitutional.

In the first place, the Ninth Circuit consists of a bunch of liberal loons who don’t think the Second Amendment should even exist. In the second place, the Ninth Circuit opinion has no effect in Florida.

How odd, however, that people supposedly supportive of the Second Amendment would hold its liberal opinion up as dispositive.

ACTION: Contact your state legislators. Ask them to support the Florida Second Amendment Preservation Act.

HOW TO CONTACT-WRITE YOUR STATE LEGISLATORS:

  1. Proceed to http://cqrcengage.com/gunowners

  2. Enter your zip code in the box provided under “Find Your Elected Officials” on the lower right.  (Preferably, you should enter your nine-digit zip code to get the best answer.)

  3. Scroll down and click on the on the name of the desired state representative and senator.

  4. Click on your legislator’s website, which will be found under his or her name (upper left)

  5. Find and click on the legislator’s email address or webform.

  6. Take the pre-written letter below and cut-n-paste this into the email or webform.

 TAKE ACTION

If you’re in Florida, visit the Florida Tenth Amendment Center’s (FL-TAC) action center – and sign the petition to encourage your state legislators to introduce and pass the 2nd Amendment Preservation Act.
http://fltac.org/action/2nd-Amendment/

In all other states, take action here:
http://tracking.tenthamendmentcenter.com/issues/2nd-amendment-preservation/

Get involved and help lead the effort:
http://tenthamendmentcenter.com/volunteer

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