Resist DC: NH Legislators Look to Nullify Federal Gun Laws

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NH Legislators
again raise the bar for the 10th
Amendment Movement
– felony charges proposed for federal
agents violating gun rights in New Hampshire

Pre-filed for
the 2010 legislative session in New Hampshire, House Bill 1285 (HB1285)
seeks to “exempt firearms, firearm accessories, and ammunition
manufactured in New Hampshire from federal law and regulation.”

Introduced
by State Rep. Dan Itse, the bill currently has 5 other co-sponsors,
including 10-4
pledge
signer, Carol Vita. (h/t NHLiberty.org)

While the bill’s
title focuses on federal gun regulations, it has far more to do
with the 10th Amendment’s limit on the power of the federal
government. It states, in part:

The Tenth
Amendment to the Constitution for the United States 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 New Hampshire certain powers as they were understood
at the time that New Hampshire ratified the Bill of Rights, particularly
the Tenth Amendment in 1790. The guaranty of those powers is a
matter of contract between the State and people of New Hampshire
and the several States comprising the United States as of the
time that the compact was agreed upon and adopted by New Hampshire
and the several States comprising the United States.

The regulation
of inter-state commerce was delegated by the People of the
Several States to the federal government in the US Constitution.
Since the regulation of intra-state commerce was not delegated
to the federal government, this authority, as codified in law by
the 10th Amendment, remains with the State governments or the People
themselves.

HB1285 includes
this principle in its text:

a personal
firearm, a firearm accessory, or ammunition that is manufactured
commercially or privately in New Hampshire and that remains within
the state of New Hampshire is not subject to federal law or taxation,
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.

The authority
of congress to regulate interstate commerce in basic materials
does not include authority to regulate firearms, firearms accessories,
and ammunition made in New Hampshire from those materials. Firearms
accessories that are imported into New Hampshire 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 New Hampshire.

Unlike many
other states that are considering Firearms Freedom Acts (FFA), the
New Hampshire legislation includes official sanctions on any state
or federal official violating the law, if adopted.

State Agents:

Any public
servant of the State of New Hampshire as defined in RSA 640:2
that enforces or attempts to enforce a act, order, law, statute,
rule or regulation of the government of the United States upon
a personal firearm, a firearm accessory, or ammunition that is
manufactured commercially or privately in New Hampshire and that
remains within the State of New Hampshire shall be guilty of a
class A misdemeanor.

Federal Agents:

Any official,
agent, or employee of the government of the United States, or
employee of a corporation providing services to the government
of the United States that enforces or attempts to enforce a act,
order, law, statute, rule or regulation of the government of the
United States upon a personal firearm, a firearm accessory, or
ammunition that is manufactured commercially or privately in New
Hampshire and that remains within the State of New Hampshire shall
be guilty of a class B felony
. (emphasis added)

NULLIFICATION

Some supporters
of the legislation say that a successful application of such a state-law
would set a strong precedent and open the door for states to take
their own positions on a wide range of activities that they see
as not being authorized to the Federal Government by the Constitution.

Read
the rest of the article

January
4, 2010

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