The Federal Government And War With The American People

Herschel Smith · 27 Mar 2018 · 10 Comments

Every time a new contract is issued for weapons and ammunition, the typical cacophony of comments follow.  Those who think that the FedGov has too many guns and too much ammunition weigh in, and invariably (perhaps some of them are trolls or paid commenters?) some people weigh in with support. Terrorism.  Bad people.  Every agent with a gun needs range rounds and personal defense (PD) ammunition (JHP or whatever).  Think of how many rounds you shoot per year, and multiply that times the…… [read more]

Olmos Park City Council Repeals Open Carry Ordinance

BY Herschel Smith
1 week, 3 days ago

News4SA.com:

The video has gone viral. Open Carry Texas President CJ Grisham and several other members were along the streets of Olmos Park protesting their right to carry a loaded gun.

Grisham and two other men were arrested by Olmos Park police, facing various charges including resisting arrest and assaulting a peace officer.

“He was legally carrying and they are drawing down on him like he is a terrorist, he had his hands up and he is backing away, which they will say he is resisting arrest, but doesn’t everyone back up from a threat,” said Open Carry Texas member Felix Cano.

Open Carry Texas says they were protesting a Olmos Park city ordinance that prohibited anyone other than law enforcement to carry a loaded rifle or shotgun on public streets. Thursday City Council voted unanimously to repeal that ordinance.

“The City of Olmos Park had from a long time ago put in place an ordinance that none of the current council members were involved with, regarding not allowing those two types of weapons to be loaded,” said Olmos Park City Council member Enzo Pellegrino.

Open Carry Texas says this was a victory for them.

“There shouldn’t be any more illegal arrests and throwing down Americans that are legally allowed to carry and putting other charges that don’t belong there,” said Cano.

“Open Carry Texas says this was a victory for them.”  Well I guess so.  It was indeed a victory for them.  I had followed this story from a distance, not knowing the back story behind it and not wanting to do the research necessary to understand it.

But this is the backstory.  It looks like the city of Olmos decided to engage in a little nullification themselves, being the little Napoleons they are.  Open carry is now legal in Texas, and while Olmos challenged that, Texas Open Carry decided to challenge Olmos.

Texas Open Carry won.  Good for them.  The city cannot make its own laws.

The Death Of Federal Gun Law Nullification In Kansas

BY Herschel Smith
1 year, 2 months ago

KTVH:

WICHITA, Kan. (AP) — A federal judge on Tuesday rejected arguments that a Kansas law can shield from federal prosecution anyone owning firearms made, sold and kept in the state — a ruling that casts doubt on the legality of similar laws passed in nine states across the nation.

The decision handed down by U.S. District Judge J. Thomas Marten allows federal firearms charges against Shane Cox and Jeremy Kettler to stand. The ruling clears the way for their sentencing on Monday.

Jurors in November returned eight guilty verdicts against Cox, the owner of Tough Guys gun store in Chanute, under the National Firearms Act for illegally making and marketing unregistered firearms, including a short-barreled rifle and gun silencers. Kettler was found guilty on one count of possession of an unregistered silencer.

The Kansas Second Amendment Protection Act, which passed in 2013, says firearms, accessories and ammunition manufactured and kept within the borders of Kansas are exempt from federal gun control laws. Kansas modeled its law on a Montana law that an appeals court has found to be invalid, according to court filings.

Similar firearm nullification laws have been signed into law in nine states. In addition to Montana and Kansas, other states having them include Alaska, Arizona, Idaho, South Dakota, Tennessee, Utah and Wyoming, according to Everytown For Gun Safety, which advocates common-sense gun control laws.

Noting the significant interest the case against Cox and Kettler has generated in Kansas and beyond, Marten wrote in his 13-page decision that he is bound to uphold the U.S. Constitution and laws as interpreted by the U.S. Supreme Court and the 10th Circuit Court of Appeals. The judge then proceeded to cite those earlier rulings in rejecting every constitutional argument raised by the defense in the Kansas gun case.

“As a district court judge, I am not empowered to do what I think is most fair — I am bound to follow the law,” Marten wrote.

Defense attorneys argued that the National Firearms Act — a part of the Internal Revenue code enacted under Congress’ power to levy taxes — is unconstitutional because it amounts to “regulatory punishment” rather than imposition of a valid federal tax. They also contended that the federal law violated the Second Amendment as well as Tenth Amendment state rights protections of the U.S. Constitution.

But Marten was unpersuaded, noting that the nation’s highest court ruled 80 years ago that the National Firearms Act is valid exercise of Congressional taxing power. As such, it supersedes a state law, he said. Marten also rejected the Second Amendment arguments raised.

This has been a horrible disaster for not only the defendants but for the concept of nullification generally.  As we’ve discussed before, state legislators who make nullification laws for the purpose of making a statement of protest before the voters are cowards and are doing no service to anyone except themselves.

Second, the jury had their turn at the wheel as well.  Apparently, they weren’t ready to see the states put the federal government in its place.  But the ideas that this tax would have ever occurred, or that the federal government had the right to legislate anything concerning firearms would have been considered abominable 150 years ago.  Unfortunately, there are too many collectivists among us today to trust that jury nullification would be an effective remedy against federal power.  Again.  Consider this.  A jury of their peers had a shot at this and refused to do anything about it other than kowtow to the federal government.

Finally, the federal judge found that they broke federal laws.  What else do you expect a federal judge to do?  For state lawmakers to have any effect with these laws, much more needs to be done.  An education needs to take place with the people, and laws need to be enacted that essentially prevents federal agents from doing the job of arresting people like the defendants.  Throw a few fedgov agents in the state penitentiary with the general prison population for attempting to arrest the defendants, and you might have a different outcome.

Finally, the state police would have to be on board and ready to conduct whatever operations the governor needs in order to prevent federal policing in this matter, up to and including things like imprisoning federal agents (such as the IRS) if the fedgov attempted to use those employees as punitive agents.  Of course, from here it could go to withholding federal education funds, the state withholding taxes to the fedgov, and on and on it escalates.

Like I said to state lawmakers, unless you’re serious about nullification, don’t bother with the drama shows.  You’re just a preening coward.

Gun Grandstanding?

BY Herschel Smith
3 years, 9 months ago

Is that what this is?

A state law that exempts firearms manufactured in Kansas from all federal regulations has drawn a lot of attention recently — from both supporters and critics.

The Brady Center to Prevent Gun Violence has filed a lawsuit about the 2013 law that declares the federal government has no authority to regulate guns, ammunition and accessories manufactured, sold and kept in Kansas. The Brady Center said the law is an unconstitutional attempt to nullify federal gun laws.

Gov. Sam Brownback’s re-election campaign used the lawsuit as a springboard to send out a fundraising email saying the Brady Center was suing the governor “for protecting the Second Amendment rights of Kansans.”

Regardless of which side of this debate you’re on, the “Second Amendment Protection Act” certainly raises some interesting issues.

The statute makes it a felony for any federal employee to enforce federal gun regulations on Kansas only-weapons. It also says no state or local officials can attempt to enforce any federal gun regulations on Kansas-only weapons.

The Brady Center lawsuit already guarantees that this state law is headed to federal court. What will happen if the state tries to charge a federal official with a felony for trying to enforce a federal law?

The law declares that Kansas-only guns are exempt from any federal regulations. So what, if any, regulations will those firearms be subject to? Will Kansas manufacturers now be allowed to make guns without serial numbers, making it difficult to trace any gun involved in a crime? Can they legally make guns that can elude mental detectors or other security devices? Can such guns be sold without the background checks required by federal law? …

It’s pretty obvious that the Second Amendment Protection Act was intended more as a political protest than as a practical benefit for Kansans. Only time will tell how many tax dollars the state will spend to defend a law that has little chance of standing up to constitutional scrutiny.

I don’t know if the fine people of Kansas have the brawn to take this to its logical conclusion or not.  If it’s political grandstanding as the editorial says, then they wasted their time and made a mockery of themselves and the legislative process.  If they intend to fold like a cheap tent at the first sign of a federal judge who has become indignant over this, then they should have stayed home.  Their laws are worthless, and that means that the folks in Kansas have no reason to respect the other laws any more than the feds respect this one.  It’s one sure way to lose the mandate of heaven.

But … if they intend to press the issue, then this will stand out as a great case study in nullification.  Nullification could be interpreted as state nullification of onerous federal laws, or jury nullification of prosecutor’s cases in federal court by turning their heads.  After all, federal laws are meaningless if not enforced, and actual, real people must enforce them.

What will happen “if the state tries to charge a federal official with a felony for trying to enforce a federal law?”  The federal official should be put in the state penitentiary with the general prison population for breaking state laws, and state law enforcement shouldn’t cower to federal LEOs while they’re doing this.

The answer to all of the questions about what will happen if, when and how, is that state laws, whatever they are at the time, will be enforced and federal laws will be ignored.  Question(s) posed, question(s) answered without fuss.  But there is the dark possibility that the editorial page has the politicians’ number.  Will they show themselves to be all bark and no bite?  The folks in Kansas might want to frame the issue for their representatives, if you know what I mean.


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