Firearms Protection/2nd Amendment Thread (Following Filings by States)

I have decided to open a thread to follow the filings on a state by state basis, because as more states join in on a stance toward the Federal Government in an attempt to defend their 2nd Amendment rights (by usually redefining and promoting their 10th Amendment rights) and Commerce Clause of the Constitution, I decided to make an education thread.

All new links can both be posted here, as well as searched for here.

I will provide excellent search links below as follows:

tracking.tenthamendmentcenter.com...

This is a clickable link showing a US map of states that have filed a Firearms Protection Act, provided by the Tenth Amendment Center.


tracking.tenthamendmentcenter.com...

This is a clickable US map showing states that have filings concerning Second Amendment Rights

tracking.tenthamendmentcenter.com...

The Tenth Amendment Center homepage

Their homepage also allows tracking of information on Obamacare, and many other Constitutional interests.

Disclaimer: I am not affiliated in any way with the Tenth Amendment Center

Officially, there are 6 states that have confirmed filings in 2013. Some states have filed in previous years, and the filings died. Others have pending legislations, such as Georgia, which has multiple bills pending passage by the General Assembly in March, 2013. Georgia is doing things a little differently, simply changing portions of standing legislation.

Be sure to check the maps for your state. The maps provide links to the House Bills, or state if they have no actions taken as of yet. Hopefully, this will put a lot of questions at ease, or at least let you know where your state stands.

Texas - www.abovetopsecret.com...

Wyoming - www.abovetopsecret.com...

MIssouri - www.abovetopsecret.com...

NEW!

South Carolina - Text of Bill

South Carolina also filed a 2nd Amendment Bill - Bill Text

S 0224 Joint Resolution, By Davis
Summary: Not yet available
A JOINT RESOLUTION TO NULLIFY IN SOUTH CAROLINA ANY PRESIDENTIAL EXECUTIVE ORDER RESTRICTING, ABRIDGING, OR OTHERWISE INFRINGING UPON A CITIZEN'S SECOND AMENDMENT RIGHT TO KEEP AND BEAR ARMS.

Indiana - Link to Bill


If you find helpful information for your state, please post it!

reply to post by Libertygal


thanks for this. Good idea.

Originally posted by zedVSzardoz
reply to post by Libertygal

 

thanks for this. Good idea.

You're welcome! Enjoy!

Some states, if you check the map, ave already passed this all encompassing legislation, such a Florida.

This is from the 2009-2010 Legislation map.

tenthamendmentcenter.com...

Firearms Freedom Act Introduced in Florida


Introduced in the Florida House on July 6, 2009, the “Firearms Freedom Act” (HB-21) seeks to provide “that specified firearms, firearm accessories, and ammunition for personal use manufactured in state are not subject to federal law or regulation” in the State of Florida.

The bill is sponsored by Florida State Reps O’Toole and Plakon. They follow in the path of Montana, and Tennessee who have already passed such legislation. And they join with Utah, Texas, South Carolina and others who are considering it in an effort to limit federal regulation of guns, and specifically invoke the 9th and 10th Amendments as restrictions on federal power:

(snip)

A bill to be entitled An act relating to regulation of firearms; creating s. 790.34, F.S.; creating the Florida Firearms Freedom Act; providing a short title; providing legislative findings; providing definitions; providing that specified firearms, firearm accessories, and ammunition for personal use manufactured in the state are not subject to federal law or regulation; providing that the importation into the state of specified parts and the incorporation of such parts into a firearm, firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, or ammunition to federal regulation; providing that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce; providing that specified firearm accessories imported into the state from another state do not subject a firearm to federal regulation under interstate commerce; providing legislative findings with respect thereto; providing exceptions; providing applicability; requiring that firearms manufactured and sold in the state must bear an indicia of manufacture by a specified date; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 790.34, Florida Statutes, is created to read:

(snip)

a) The Tenth Amendment to the United States Constitution guarantees to the states and their citizens all powers not granted to the Federal Government elsewhere in the constitution and reserves to the State of Florida and its citizens certain powers as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(b) The regulation of intrastate commerce by the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the constitution and reserves to the State of Florida and its citizens certain rights as they were understood at the time that Florida was admitted to statehood in 1845. The guaranty of those powers is a matter of contract between the State of Florida and the citizens thereof and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845. 52

(c) The regulation of intrastate commerce is vested in the states under the Ninth Amendment and the Tenth Amendment to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the intrastate manufacture of firearms, firearm accessories, and ammunition.

(d) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Florida was admitted to statehood in 1845. The guaranty of that right is a matter of contract between the State of Florida and its citizens and the United States as of the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(e) Section 8, Article I of the Florida Constitution clearly secures to the citizens of Florida, and prohibits government interference with, the right of individual Florida citizens to keep and bear arms. This constitutional protection remains unchanged from the original Florida Constitution, which was approved by Congress and the people of Florida, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Florida and the United States in 1845.

(bold is mine)

(cont'd at link)

Florida was thinking ahead, in 2009!

www.legis.state.pa.us...

Pennsylvania

Regular Session 2011-2012
House Bill 752

Short Title: An Act prohibiting certain firearms, firearm accessories or ammunition from being subject to Federal law or Federal regulation.
Prime Sponsor: Representative GABLER
Last Action: Referred to JUDICIARY, Feb. 17, 2011 [House]

West Virginia - Text of Bill

Passed

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and §47-26-6, all to read as follows

New York - www.abovetopsecret.com...

tenthamendmentcenter.com...

The Battle Begins: ATF vs the Constitution

Posted by Tenth Amendment
by Bryce Shonka

A line was drawn in the sand last week – a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution.

(Editor’s note: A similar response was sent to Montana Firearms licenses on 07-16-09 as well)

Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power, the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennesse Firearms Freedom Act, by a vote of 22-7. The House companion bill, HB1796 previously passed the House by a vote of 87-1.

Governor Breseden allowed the bill to become law without signing.

The law states that “federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state.”

At the time of passage through the TN House and Senate, Judiciary Chairman Mae Beavers had this to say-

“Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state – enough is enough. Our founders fought too hard to ensure states’ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don’t belong.”

The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature. ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.

(snip)

(bold mine)

Below is the full text of the letter sent last week by the ATF:

“U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
OPEN LETTER TO ALL TENNESSEE
FEDERAL FIREARMS LICENSEES

The purpose of this letter is to provide guidance on your obligations as a Federal firearms licensee (“FFL”). The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is dedicated to your success in meeting your requirements as a Federal firearms licensee. The following guidance is intended to assist you in accomplishing this goal.

The passage of the Tennessee Firearms Freedom Act, H.B. 1796, 106th Leg. (Tenn. 2009) 1796 (“Act”), effective June 19, 2009, has generated questions from industry members as to how this State law may affect them while engaged in a firearms business activity. The Act purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the State, and which remain in the State, from most Federal firearms laws and regulations. However, because the Act conflicts with Federal firearms laws and regulations, Federal law supersedes the Act, and all provisions of the Gun Control Act and the National Firearms Act, and their corresponding regulations, continue to apply.

As you may know, Federal law requires a license to engage in the business of manufacturing firearms or ammunition, or to deal in firearms, even if the firearms or ammunition remain within the same state. All firearms manufactured by a licensee must be properly marked. Additionally, each licensee must record the type, model, caliber or gauge, and serial number of each firearm manufactured or otherwise acquired, and the date such manufacture or other acquisition was made. The information required must be recorded in the licensee’s records not later than the seventh day following the date such manufacture or other acquisition was made. Firearms transaction records and NICS background checks must be conducted prior to disposition of firearms to unlicensed persons. These, as well as other Federal requirements and prohibitions, apply whether or not the firearms or ammunition have crossed state lines.

If you have any questions regarding the Federal firearms laws and regulations, please contact your local ATF office. ATF works closely with the firearms industry and appreciates the important role the industry plays in combating violent crime. A listing of ATF office phone numbers can be found at www.atf.gov... Carson W. Carroll, Assistant Director (Enforcement Programs and Services)”

reply to post by Libertygal


Here is a listing...state by state...of where their gun laws stand now.

Link: en.wikipedia.org...

reply to post by caladonea


Thank you, that's very helpful! I hope it is kept up to date.

I just did some digging into the New York law that just got passed, and I have to admit, I think they broke their own Constitutional law.

Here is a post I made, piecing it together:

www.abovetopsecret.com...

I am going to make screen caps now, to save the images.

Here is the text from the law:
assembly.state.ny.us...
_______
S02230 Summary:
BILL NO S02230

SAME AS Same as Uni. A 2388

SPONSOR KLEIN

COSPNSR SMITH

MLTSPNSR

Amd SS330.20 & 530.14, add S380.96, CP L; amd S404, Cor L; amd SS842-a & 846-a,
add SS446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd SS240 & 252, Dom Rel
L; amd S837, Exec L; amd S212, Judy L; add Art 39-DDD S898, Gen Bus L; md
SS7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add S9.46, Ment Hyg L; amd Pen L,
generally, add S2509, SCPA; add S2801-b, amd S3602, Ed L; amd S18, Chap 408 of
1999

Enacts the NY Secure Firearms and Ammunition Enforcement (SAFE) Act of 2013.
-------

S02230 Actions:
BILL NO S02230

01/14/2013 REFERRED TO RULES
01/14/2013 ORDERED TO THIRD READING CAL.1
01/14/2013 MESSAGE OF NECESSITY
01/14/2013 PASSED SENATE
01/14/2013 DELIVERED TO ASSEMBLY
01/14/2013 referred to codes
Go to top
--------------------------------------------------------------------------------

S02230 Votes:
There are no votes for this bill in this legislative session.
_____________________________________________________________________________

A02388 Summary:
BILL NO A02388

SAME AS Same as Uni. S 2230

SPONSOR Silver (MS)

COSPNSR Lentol, Ortiz, Morelle, Farrell, Weinstein, Camara, Hooper,
O'Donnell, Titone, Paulin, Moya, Glick, Wright, Schimel, Gottfried,
Rosenthal, Kavanagh, Steck, Weprin, Clark, Perry

MLTSPNSR Abinanti, Boyland, Brennan, Brook-Krasny, Buchwald, Castro, Colton,
Dinowitz, Englebright, Espinal, Fahy, Jacobs, Jaffee, Kellner, Kim,
Lavine, Lifton, Markey, Mayer, Millman, Mosley, Otis, Rosa, Rozic

Amd SS330.20 & 530.14, add S380.96, CP L; amd S404, Cor L; amd SS842-a & 846-a,
add SS446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd SS240 & 252, Dom Rel
L; amd S837, Exec L; amd S212, Judy L; add Art 39-DDD S898, Gen Bus L; md
SS7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add S9.46, Ment Hyg L; amd Pen L,
generally, add S2509, SCPA; add S2801-b, amd S3602, Ed L; amd S18, Chap 408 of
1999

Enacts the NY Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013.
-----

A02388 Actions:
BILL NO A02388

01/14/2013 referred to codes
01/15/2013 reported referred to ways and means
01/15/2013 reported referred to rules
01/15/2013 reported
01/15/2013 rules report cal.3
-----

A02388 Votes:
There are no votes for this bill in this legislative session.

_______

Notice both texts show only two days to pass the bill, and sign it into law?

Notice both bills show NO VOTES?

assembly.state.ny.us...

Now look at their home page:

assembly.state.ny.us...
Opening Of The 236th Legislative Session

Assembly Chamber
Monday, January 14, 2013

And:

assembly.state.ny.us...
Statement from Speaker Silver on Passage of NY SAFE Act
FOR IMMEDIATE RELEASE:
January 15, 2012

This makes the dates concrete, yes?
______________________________________________________________________________

Now, lets look at the New York State Constitution.

ARTICLE III
Legislature

[Manner of passing bills; message of necessity for immediate vote]

§14. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon, in which case it must nevertheless be upon the desks of the members in final form, not necessarily printed, before its final passage; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the ayes and nays entered on the journal. (Formerly §15. Renumbered and amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 6, 2001.)

Oh well, I tried, but this killed it:

S2230-2013: Enacts the NY SAFE Act of 2013

Same as: A2388-2013 / Versions: S2230-2013 Print HTML Page / Print Original Bill Format / ShareThis/ Read or Leave Comments

Enacts the NY Secure Firearms and Ammunition Enforcement (SAFE) Act of 2013.
--------------------------------------------------------------------------------
Sponsor: KLEIN / Co-sponsor(s): SMITH
Law Section: Criminal Procedure Law / Law: Amd SS330.20 & 530.14, add S380.96, CP L; amd S404, Cor L; amd SS842-a & 846-a, add SS446-a, 552, 656-a, 780-a & 1056-a, Fam Ct Act; amd SS240 & 252, Dom Rel L; amd S837, Exec L; amd S212, Judy L; add Art 39-DDD S898, Gen Bus L; md SS7.09, 9.47, 9.48, 9.60, 13.09 & 33.13, add S9.46, Ment Hyg L; amd Pen L, generally, add S2509, SCPA; add S2801-b, amd S3602, Ed L; amd S18, Chap 408 of 1999
S2230-2013 Actions
Jan 15, 2013: DELIVERED TO GOVERNOR
Jan 15, 2013: returned to senate
Jan 15, 2013: passed assembly
Jan 15, 2013: message of necessity - 3 day message
Jan 15, 2013: ordered to third reading rules cal.3
Jan 15, 2013: substituted for a2388
Jan 14, 2013: referred to codes
Jan 14, 2013: DELIVERED TO ASSEMBLY
Jan 14, 2013: PASSED SENATE
Jan 14, 2013: MESSAGE OF NECESSITY
Jan 14, 2013: ORDERED TO THIRD READING CAL.1
Jan 14, 2013: REFERRED TO RULES
S2230-2013 Meetings
Rules: Jan 14, 2013
S2230-2013 Calendars
Floor Calendar: Jan 14, 2013
S2230-2013 Votes
VOTE: FLOOR VOTE: - Jan 14, 2013

open.nysenate.gov...

*sigh*

www.adn.com...



Alaska is doing the same thing. A few buddies and I emailed out state legislatures and apparently were heard.

Excellent thread OP. S&F from me.

I was researching this yesterday and was debating creating a thread for it this morning, and search showed you had started this, which I was glad to see.

I think it's important to note that many of these FFAs are relying on a key part, which is that the federal government may not interfere with a state's citizen's gun rights, as long as that firearm was manufactured and purchased in that state.

For example, here is part of the bill from South Carolina (my resident state):

A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.

South Carolina S 85

So a resident here of my state would be protected against certain federal limitations, as long as that firearm and ammunition was manufactured here is SC and is clearly marked so.
Meaning that federal regulations would still apply to say a firearm purchased that was manufactured in say up state NY.

Good news is that we have several gun manufactures here in my state.

At least some states are treating the 2nd like a right, rather than a government privilege!

SnF

Great thread, very usefull tool for us all. It may now come to the way it was meant to be, As in the states have the power to tell the Feds " Get your hands, out of our business". I think a forefather or two is cracking a smile, right now..

Its absolutely astounding that soooooo many people have NO IDEA what the Founding Fathers really intended with the 2nd Amendment. Where are the well-maintained state militias that this amendment really pertains to? This amendment is the right to bear arms to maintain a well-regulated militia that actually trains individuals to use firearms. This post is a HUGE waste of time SMFH!!!

reply to post by Libertygal


Libertygal, thanks for posting to my thread. I had not seen this yet and its relevant content. www.abovetopsecret.com...

This is why TPTB like to act like people who cling to constitutional principles are terrorists. We want peace and security but we want a nation of law and principle first and foremost. A temporary feeling of security at the cost of hard won liberty is no prize I want to give my heirs.

subscribing

www.youtube.com...

v=vsVCHE7ayPE&feature

new glock commercial making the rounds titled WRONG diner

www.youtube.com...
wrong house


www.youtube.com...

wrong girl

www.nraila.org... lists pending state legislation on firearms



gunssavelives.net...

Louisiana Could Have 'Strongest Second Amendment Law in the Nation' If Gun Law Ballot Question Passes

www.noladefender.com...

When it comes to the Second Amendment, Louisiana legislators are bringing out the biggest legal guns they can find. For Pelican State voters, Amendment II on the Nov. 6 Ballot asks voters if they want to change the phrasing of the “Right to Bear Arms,” as it is defined in Louisiana's State Constitution.

and why it would make it the strongest law in the nation for 2nd amendment rights.

The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.” And the phrasing has remained that way since the current Constitution was enacted back in 1974. Changes to the current law were originally proposed in Senate Bill No. 303, which was introduced by Sen. Neil Riser (R-District 32). If it had been enacted as-is, the bill would have changed that original phrasing to the following: “The right of each citizen to acquire, keep, possess, transport, carry, transfer, and use arms for defense of life and liberty, and for all other legitimate purposes is fundamental and shall not be denied or infringed, and any restriction shall be subject to strict scrutiny.” According to the adjoining documentation, the phrase, “strict scrutiny,” means that any attempts or possible attempts to violate this statute—as it reads in the proposed amendment—would be subject to judicial action and review to determine the constitutionality of the action.

so they are trying to make it LOUD and clear how they feel about guns in Louisianan so score one for the good guys!

www.nraila.org... montana is passing several more pro 2nd amendment laws(hopefully)

House Bill 205 would legalize the use of suppressors for all hunting. For more information on firearms and suppressors, click here. House Bill 304 would eliminate the need for a concealed weapon permit within city limits, which is already the law outside city limits. HB 304 would only apply to individuals who are “eligible to possess a handgun under state or federal law.” House Bill 358 would allow concealed weapon permit holders to carry a concealed firearm in banks, government buildings, restaurants and other places that serve alcohol; open carrying is currently allowed in these places. Additionally, House Bill 384, sponsored by state Representative Jerry O’Neil (R-3), was heard today by the House Judiciary Committee. This bill would provide clarification for suspension and expulsion procedures, and also provide that a firearm locked in a vehicle on school grounds does not constitute possession. This is an important legislative fix and protection for students who have firearms in their vehicles for hunting and shooting sport purposes. Action could be taken on this bill soon.