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flyrep
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Posted: Fri Jul 24th, 2009 08:49 pm |
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http://www.infowars.com/obama-administration-begins-opposition-to-states-claiming-sovereignty-and-gun-rights/
Obama does not favor state sovereignty and gun rights of any kind.
The BATFE does not supercede the Tenth Amendment.
1) The letters are addressed only to FFLs and purport to assert authority only over those licensees already under the federal thumb because of their licenses. We’ve always assumed that people with existing FFLs would not be players in the state-made guns exercise because they will not wish to risk thwarting the earned reputation the BATFE has for vindictiveness. The letters are not addressed to non-FFLs, those folks who are potential participants in the state-made guns business.
2) The BATFE letters may lack any official import because they are not signed by the official who appears in the signature block, but by some unknown other person. It’s difficult to place much credence in a missive upon which the purported issuing person is unwilling to put his signature, and for which the signer is unknown.
3) The essence of the letter is a declaration that the laws that the BATFE enforces supercede the U.S. Constitution and the Tenth
Amendment. I understand that the BATFE hopes that is so, but that’s far from proven yet. (We still recommend that nobody make these state-made guns until we can litigate and vet the principles involved.)
4) The letters, if they are official even though unsigned by the issuer, will help us establish standing to get this issue squarely before the federal courts. The feds have thrown down the gauntlet.
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flyrep
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Posted: Wed Jul 1st, 2009 10:50 pm |
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Here is an update from the Arizona Citizens' Defense League. They have
lobbied tirelessly for our gun rights. Karen Winfield has also been
very helpful in keeping the citizens informed on workings of the legislature. She is Senator
Sylvia Allen's assistant. Four pro-rights bills were passed including
CCW in restaurants so Governor Brewer could use some words of encouragement
to sign these into law.
Despite the setback with HB 2439, there are four pro-rights bills that made it through the legislative gauntlet and are headed to the governor's desk. They are SB 1113, SB 1168, SB 1243 and SB 1449.
SB 1113, a "Restaurant Carry" bill laden with concessions to appease opponents, passed in the House Third Read yesterday (6/30/09) by a 40-19-1 vote. Early this morning, it passed the Senate Final Read by a 19-8-3 vote. In the final version of SB 1113:
- "Open carry" is not allowed in places serving alcohol. The firearm must be concealed.
- Only individuals with CCW permits may carry a concealed firearm where alcohol is served.
- The individual legally carrying the firearm may not consume alcohol.
- The penalty for violating the law is a class 3 misdemeanor.
- Establishments may prohibit firearms by posting a sign in a specified location.
- It is an "affirmative defense" if the person violating the law "was not informed of the notice," the sign had "fallen down," the person is not a resident of Arizona, or the posted sign has not been up for 30 days.
- However, lack of knowledge (by Arizona residents only) that firearms are prohibited in establishments serving alcohol is no longer a valid defense.
SB 1168 is the Senate bill containing the "strike everything" amendment substituting the language of HB 2474. It passed the Senate Final Read by a vote of 18-9 with 3 not voting. SB 1168 prevents any private or public employer, property owner, etc., from banning any person from keeping a firearm in a locked vehicle in a parking area on the property, with specific limited exceptions. HB 2474, the original "Parking Lot" bill, passed in the House and made it through Senate committees but was dropped when SB 1168 made it through the process first.
SB 1243 passed the House Third Read by a vote of 42-12-6 on June 29. Since the language in SB 1243 remained unchanged, it was sent back to the Senate where it was formally sent to the Governor this morning. SB 1243 is the AzCDL-requested bill that codifies the defensive display of a firearm.
Another very important bill that passed this session is SB 1449 which applies, retroactively, statutory changes relating to justification defenses in all cases in which the defendant did not plead guilty or no contest that were submitted to the fact finder as of April 24, 2006. In plain language this means that the restoration of the "innocent until proven guilty" language that passed out of the Legislature via SB 1145 in 2006 retroactively applies to cases pending at the time of passage. The most infamous of these was the trial of Harold Fish , who defended himself while hiking and was prosecuted under the 1997 "guilty until proven innocent" law. Even though SB 1145 became law in the middle of Mr. Fish 's trial, he was convicted under the older law. You can read more about Mr. Fish 's case here: http://www.haroldfi shdefense. org/ .
This has been a very bizarre legislative session. With the focus almost entirely on the budget, very little time was spent on non-budget bills, and there was a mad rush to end the session and filter out as many bills as possible. Without the constant pressure YOU provided via your emails, letter and phone calls, AzCDL's representatives (who went home this morning after staying all night lobbying and counting votes at the Capitol) would not have been able to keep pro-rights bill in the pipeline. Pat yourselves on the back – Job Well Done!
Unfortunately, we're not out of the woods yet. The Legislature may have adjourned but the Governor now has a stack of bills on her desk to sign, ignore or veto. Her priority is the budget. The Legislature deliberately waited until Sine Die to send the budget to the Governor. If she vetoes the budget, state bureaucracies grind to a halt. A "do over" budget will require the Governor to call a Special legislative session, with more delays. It boils down to gamesmanship and who blinks first. All the non-budget bills might become pawns in the power struggle.
Meanwhile, the next step is to start asking the Governor to sign these bills. Her email address is azgov@az.gov. You can also fax a letter to her at 602-542-1381 . Or you can mail it to her at the following address:
The Governor's Office is located in the
Executive Tower at the State Capitol
The full mailing address is:
The Honorable Jan Brewer
Governor of Arizona
1700 West Washington
Phoenix, Arizona 85007
Telephone (602) 542-4331
Toll Free 1-(800) 253-0883
Fax (602) 542-1381
You can also go to the Governor's website, http://azgovernor. gov/Contact. asp, where you will find a fill-in-the- blanks form to register your opinion. For "subject", scroll down and select "Legislation. " For "topic", fill in the number of the bill you are making a comment on (e.g., SB 1243). In the message/comment area, leave a polite message asking her to sign the bill you are referring to. We recommend a separate message for each bill.
Stay tuned! We will notify you on the fate of legislation via these Alerts and Twitter.
These alerts are a project of the Arizona Citizens Defense League (AzCDL), an all volunteer, non-profit, non-partisan grassroots organization. Join today!
AzCDL – Protecting Your Freedom
http://www.azcdl. org/html/ join_us_. html
Last edited on Fri Jul 3rd, 2009 03:05 am by flyrep
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flyrep
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Posted: Wed Jul 1st, 2009 03:47 am |
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Arizona Legislature is voting on a resolution against federal gun laws, but
I don't know if it goes as far as Tennessee. We will probably have a restaurant CCW law like Tennessee if Brewers signs the bill coming out of the Senate tonight.
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JStenglein
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Posted: Tue Jun 30th, 2009 10:21 pm |
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That is awesome. I know this action by the TN General Assembly will be fought tooth and nail, but federalism needs to be defended. The 10th Amendment is not optional.
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flyrep
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Posted: Wed Jun 17th, 2009 07:29 pm |
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No, letting the feds do as they please IS anarchy!!
The courts have sided with states and counties before LEGALLY on
the Tenth Amendment. One case happened right here in Arizona.
The Feds under Reno and Clinton ordered Graham County Sheriff
Mack to do background checks without compensation and he and several
sheriffs told the feds where to hang it and WON. Acquiescing to the feds,
if anything, will cause anarchy. Look at the misery they have caused to
law abiding citizens.
http://www.youtube.com/watch?v=bLJgPuNAh60&eurl=http%3A%2F%2Fwww%2Eresistnet%2Ecom%2Fvideo%2Foath%2Dkeepers%2Dsheriff%2Drichard&feature=player_embedded
Last edited on Wed Jun 17th, 2009 07:56 pm by flyrep
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Senior Moment
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Posted: Tue Jun 16th, 2009 10:15 pm |
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And you are an anarchist it seems.
Last edited on Tue Jun 16th, 2009 10:17 pm by Senior Moment
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flyrep
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Posted: Tue Jun 16th, 2009 08:56 pm |
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| Who cares what you think Senior? You worship all unchecked authority.
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Senior Moment
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Posted: Mon Jun 15th, 2009 10:59 pm |
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So? Who cares?
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flyrep
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Posted: Mon Jun 15th, 2009 08:05 pm |
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http://www.infowars.com/tennessee-firearms-freedom-act-to-pass-without-signature/
Governor Bredesen, a Tennessean who defers to the feds said:
“This bill is not about firearms. It is about a fringe constitutional theory that I believe will be quickly dispensed with by the federal courts.
The Tennessee General Assembly lacks the Constitutional authority to limit the power and authority of federal government in this way…
…While I share the General Assembly’s commitment to federalism, this legislation contravenes our Constitution. I am allowing it to become law so that it can quickly be dealt with by the federal courts.”
Many righteous movements begin on the fringes and the governor
underestimates the sovereignty movement in a big way.
What if he is replaced by a governor who actually believes in the
Ninth and Tenth Amendments? What if the Legislature, governor,
and people of the state tell the feds to back the f*&^ off!!!
Montana already has such a law. What if more states join in.
What will the feds do then?
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