West Virginia House Bill 4168

BY Herschel Smith
4 weeks ago

House Bill 4168.

(4) Whenever the federal government assumes powers that the people did not grant it in the United States Constitution, its acts are unauthoritative, void, and of no force;

(5) The several states of the United States of America respect the proper role of the federal government, but reject the proposition that such respect requires unlimited submission. If the government, created by a compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the United States Constitution, the federal government’s discretion, and not the United States Constitution, would necessarily become the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge for itself as to whether infractions of the compact have occurred, as well as to determine the mode and measure of redress. Although the several states have granted supremacy to laws and treaties made under the powers granted in the United States Constitution, such supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions which restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of West Virginia. All such statutes, executive orders, administrative orders, court orders, rules, regulations, and other actions exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating land and naval forces of the United States or for organizing, arming, and disciplining of militia forces actively employed in the service of the armed forces of the United States;

(6) The people of the several states have given Congress the power “to regulate commerce with foreign nations, and among the several states”, but “regulating commerce” does not include the power to limit citizens’ right to keep and bear arms in defense of their families, neighbors, persons, or property, or to dictate as to what sort of arms and accessories law-abiding West Virginians may buy, sell, exchange, or otherwise possess within the borders of this state;

Of course, this is good and I applaud the representatives who sponsored this bill.  I encourage all West Virginia representatives and senators to vote in favor of this bill and make it become law.

However, just because the state is taking this stand doesn’t mean involvement in local and county politics can stand down.

The state law can be changed later, or it might not be honored.  Honoring this law would mean use of state agents and militia to interdict and stop agents of the federal government from enforcing unconstitutional gun control laws.  In fact, there are a number already on the books that are unconstitutional (namely, all of them).

So the question for the House and Senate is just this: How seriously are you going to take this, or do you see it as some sort of toothless resolution or statement of support to “send a message?”

If you see this as “sending a message,” then choose another way to do it until voters can cast you out of office and put patriots back it.

For the voters of West Virginia, you have some fisking to do, on both the state and county level.

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Comments

  1. On January 27, 2020 at 11:12 am, Frank Clarke said:

    “(6) The people of the several states have given Congress the power “to regulate commerce with foreign nations, and among the several states”, but “regulating commerce” does not include the power … to dictate as to what sort of arms and accessories law-abiding West Virginians may buy, sell, exchange, or otherwise possess within the borders of this state;”

    Close, but no cigar.

    It is a fundamental rule of jurisprudence that later law supersedes earlier law.

    IF the Interstate Commerce Clause ever granted to the federal government the power to micromanage interstate commerce (and that’s a very big “if”) any subsidiary power to rule on arms and ammunition was revoked by the 2nd amendment.

    In fact, the ICC was meant as a sort of negative power to prevent states colluding among themselves to the detriment of other states. It never contemplated controlling transactions between individuals. Congress is here empowered to establish the Free Trade Zone of the united States.

  2. On January 27, 2020 at 2:20 pm, Roger said:

    The case has already been heard by the U.S. Supreme Court;
    United States v. Lopez 514 U.S. 549 (1995). Basically the ICC is a dead letter.

  3. On January 27, 2020 at 4:57 pm, Thomas Dowling said:

    IF our Constitution says “… shall not be infringed” AND IF our Constitution IS the highest law of the land, THEN ALL “gun control” laws outside our Constitution are NOT valid.

    “No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves…” — Federalist #78

    “The right of the people to keep and bear Arms, shall not be infringed.” — 2nd Amendment (unalienable Right/an Untouchable), Our Constitution

  4. On January 28, 2020 at 11:05 am, Roger said:

    @Thomas Dowling, you are 100% correct sir.

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You are currently reading "West Virginia House Bill 4168", entry #23131 on The Captain's Journal.

This article is filed under the category(s) Second Amendment and was published January 26th, 2020 by Herschel Smith.

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