• 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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