Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment

According to me this is an excellent site that give an important information about any thing. in the state House and governor will probably do their best to kill it as they did our "sovereignty" resolution from the last session.

I'm sorry, but while these state sovereignty movements are a step in the right direction, I cannot get excited about what legislators are doing so far. My problem with these saber-rattling sovereignty gestures by state lawmakers is this. The USSC has already decided that the feds cannot lay taxes to fund spending programs that are actually based on state power issues.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Chief Justice Marshall, GIBBONS V. OGDEN, 1824. http://supreme.justia.com/us/22/1/case.html

Yet I don't see any state lawmakers attempting to fight constitutionally unauthorized federal taxes. (Did you hear that bankrupt California?) A part of the problem is that the ill-conceived 17th A. has made it too easy for the feds to lay constitutionally unauthorized taxes, IMO.

My right to self defense is "Inalienable": incapable of being repudiated or transferred to another;
Therefore the only way for this right to be revoked is to NOT exercise it. We dont need validation from anyone or anything including the constitution. What the constitution did was simply acknowledge the fact. If the states ALSO want to acknowledge this then OK its simply agreement to the fact.

I agree that it needs even more teeth than it has already. But to start including sections in the bill that talk about a direct confrontation - a battle - with federal agents is a sure way to get it to fail. Not a smart choice.

Implied in every law that passes is enforcement. I believe the first step is to get this thing passed as is - which is going to be quite difficult in KY.

Once it passes - if it's not being enforced - then the case can much more easily be made to pass another law to require the state to follow the statute on the books.

To me, that makes far more sense.

The Kentucky Firearms Freedom Act does need to have some teeth. I have spoken to our state's foremost advocate for gun rights, the man who was principally involved in securing our concealed carry laws, and he advised me to work with legislators to incorporate KRS 61.365 into our Firearms Freedom Act. This is the Kentucky Revised Statute that defines lawful peace officers. Basically, if the federal government were to violate the provisions of the Kentucky Firearms Freedom Act, that branch of the federal government (BATFE, etc.) would be removed from the list of organizations that are recognized as having law enforcement powers within Kentucky. If they persisted in their efforts to enforce federal laws that were nullified in Kentucky, they'd be arrested and charged with impersonating a police officer... and worse.

We have a multi-pronged approach in Kentucky, and the Kentucky Firearms Freedom Act is but one part of our efforts, albeit my favorite part.

We are participating in Sheriff Mack's "No Sheriff Left Behind" program. In each of the 120 counties in Kentucky, a liberty loving citizen will present Richard Mack's book to their sheriff and explain that they are the most powerful and supreme law enforcement officer in the county, and are the only law enforcement agent who was elected by the people to protect them, and this protection most definitely includes protecting us from agents of a tyrannical federal government. Sheriffs who do not enthusiastically accept this responsibility will be immediately targeted for replacement at the next election, and the local campaign against those tyranny enabling non-representative sheriffs will begin immediately. We will not wait until the election to campaign against them and field a good candidate to replace them.

We had a short Kentucky legislative session last year that was almost entirely consumed by a budget crisis. We will be pushing for many liberty issues this year, and not just the Kentucky Firearms Freedom Act. (BR348)

We will be reintroducing our 10th Amendment state sovereignty bill, BR54, hopefully amended with a stronger wording this time.

http://www.lrc.ky.gov/record/10RS/HC10.htm

We have a pre-filed bill that reasserts The Kentucky Resolution from 1798, which was originally penned by Thomas Jefferson to counter the federal tyranny of the Alien And Sedition Act. BR50 is a very strongly worded bill that puts the federal government on notice. Check this out!

http://www.lrc.ky.gov/record/10RS/HC11.htm

We have resolution BR124 that reasserts our support for the second amendment to our US Constitution.

http://www.lrc.ky.gov/record/10RS/HC13.htm

As you can see, liberty is on the march in Kentucky. We should have been the first state to file a firearms freedom act, but we're fully engaged now. Thanks to those who led the way. The reinforcements are here, and we will be very strong allies in this fight from this day forward.

Liberty is not a gift bestowed by a benevolent government to those who sit on their butts and wait for it.

I am a Kentuckian and am glad to see this pre-filed in our general assembly.
Unfortunately the lap-dog socialist democrats in the state House and governor will probably do their best to kill it as they did our "sovereignty" resolution from the last session.
This commonwealth has fallen far from our proud tradition of the "Kentucky Resolutions".

Our founders were brilliant to create the states as cellular bullwarks against organized federal tyranny.
It is much more difficult for an aspiring federal taxfeeding group of tyrants to gain control of 50 separate states.
If these parasitic control freaks thought that the real ID was quickly shot down,wait until they try to ban our guns.

Just as surely as the Thirteenth Amendment removed any protections of chattel slavery found in the body of the 1787 Constitution, the Second Amendment removes "arms" from any infringement by Congress enacted under the authority of the Commerce Clause, the Taxation Clause, or the Necessary and Proper Clause. Read the preamble to the Bill of Rights. Those articles, including the Second Amendment, were adopted to "prevent misconstruction and abuse of power" by the national government. If a poll tax is an infringement on the right to vote, then a firearms tax is an infringement on the right to keep and bear arms. The only Supreme Court ruling (US v. Miller) to address the NFA never said the Federal Government has the right to regulate firearms in the manner it claims to do. Read the ruling. This is exactly the argument I am making in my challenge to the NFA and all gun laws, Hamblen v. US, set for oral arguments Dec 4, 2009 in the Sixth Circuit. Contact me at rahamblen@gmail.com for more details. It is high time we treated unConstitutional laws as what they are-of no consequence and bound to be honored by no man or court. But we have to be ready for the consequences. Are we ready? Are you ready?

T. Flash:
NOW, you're talkin'!

The states that enact the FFA need to put some teeth into it by adding that any federal authorities that try to enforce the federal laws will be arrested and tried for a felony with a prison term not less than 30 years with no chance of parole and the entire force of the state's national guard will be at the disposal of the governor to repel any and all actions on the part of the US Marshals, the FBI, the BATF and the armed forces of the United States in any attempt to enforce the federal laws.

Actually, Henry, that's not the point. The reality is, when enough people and enough state governments take a position, it doesn't really matter what the feds say or want....they simply won't have the manpower to deal with the practical reality on the ground.

Bush was a pot hardliner - and yes, there were plenty of raids and arrests, but there were far more people NOT getting arrested too.

why? Because more than a dozen states have legalized medical marijuana - and there's absolutely no way that the feds can deal with that kind of growth (no pun intended, of course!)

Here in Los Angeles, there are literally hundereds of marijuana dispensaries - and that growth occured while Bush the hard liner was still in office and well before the Obama administration recognized that they couldn't afford to waste manpower on fighting people in states that had legalized it.

So in the long run - who cares what the feds do - we the people need to exercise our rights whether they want to give us permission to do so or not.

I keep seeing this movement compared to the medical marijuana movement in terms of its possibility for eventual success despite setbacks. The comparison is deeply flawed. The medical marijuana movement has not gained any actual defensible ground. A single administration has been elected that has chosen not to pursue enforcement of certain federal laws, but none of those laws has actually been repealed. Next time a hardass administration is elected, the medical pot community will find itself right back behind the same eight-ball they were behind pre-Obama. The fact is, no issue has yet rolled back federal interference in the way it needs to be rolled back.

You are right about Federal funds, Peter. That is the next big pill to be swallowed, after we see sovereignty resolutions in all 50 states (or maybe in a few of the states leading the way before then). Once a state is more financially sovereign, many possibilities open up.

http://www.youtube.com/watch?v=EViGaTSnqRw

THE SOUTH SHALL RISE AGAIN!!!!!! LONG LIVE C.S.A!!!!!!!

Kentucky and any other state serious about regaining sovereignty over the federal govt. must also have a referendum regarding the repeal of the 17th ammendment, allowing direct elections of senators. The 17th ammendment disenfranchises state legislatures from their representation in Congress.

Want state sovereignty? Stop taking federal funds. Stop being a co conspirator with the federal govt. to perpetrate the fraud of the income tax by eliminating state income tax. Keep funds in state by exposing the ongoing income tax fraud via acts that force full disclosure regarding SSN use. Get the state out of social security as well regarding state employees.
Go on record for repeal of the 17th ammendment. Anything short of that is just a feel good measure.

Pete

IT IS A PARTNER IN THE CONTINUATION OF THAT FRAUD AND BENEFITS FROM IT. If folks in Kentucky would like their state to regain their sovereign status over the federal govt., THE STATE INCOME TAX MUST END. Even that is not enough, there must be an act of the Kentucky state legislature to force the private sector into 100% FULL DISCLOSURE regarding the use of Social Security Numbers on the job, that it is voluntary and that its use will incur tax liabilities. Enough people dropping out of the income tax fraud will mean more dollars to spend within Kentucky.

According to the Social Security Administration, "having and using a Social Security Number is not required to live OR WORK in the United States nor is it required to have for the sake of having." They will admit this in writing if asked, http://www.ssa.gov Try getting a job in the private sector without an SSN though ... you will be up against corporate policy, but NOT ANY LAW OR ACT OF CONGRESS. This is the mechanism by which most people incur liability for income tax. Because the various state governments allow the private sector within their state to continue with policies that force people into income tax liability, the various state governments are aiding and abetting the fraud known as the federal income tax. In fact, if a given state such as Kentucky has a state income tax, (continued)

Next is the issue of a state income tax. Does Kentucky have a state income tax? ALL state income taxes are collected in the same way ... that is, if a given state has an income tax, liability for the state income tax is based upon liability for federal income tax. With a handful of exceptions such as deriving an income from abroad, non resident aliens working here on granted privilege, federal employment, and a few others ... if someone is living/working within any of the several (now 50) united States at an occupation of common right in the private sector, their liability for the federal income tax is predicated upon their participation in a 100% voluntary federal social welfare program known as Social Security. (continued)

I am glad to see that there is a movement afoot in this country to reclaim rights. People are beginning to wake up. The sentiment behind this movement is great. Unfortunately, its not that easy.

Does Kentucky accept federal funding for anything? Whatever the federal government subsidizes it gains a power of regulation over. In otherwords, federal funding is like a tampon ... it comes with a string attached, and, when used as intended, becomes a bloody mess. If a state is to reclaim its rightful position regarding the federal govt., it must first say "NO!" to any federal funding of anything.
(continued)

States rights are a tool like any other they can be used for good or bad, but they are a necessary tool, just like the pen and the gun.

If some wish to argue these rights:

Let them argue the merit as to how it is being used now in this instants, here and now, not any other.
Otherwise they might as well argue against the right of the pen because some abuse it. God knows many already argue against the right of the gun because some abuse it.

To crush the possibility of one evil, you introduce anther, frequently many people never bother to check to be sure that that "other evil" is not less manageable or less an "evil" then the "evil" they prohibited with its creation.

In this particular case let them tell us that the Federal government has the right to regulate and restrict our right to keep and bare arms.

Let them tell us how "interstate commerce" really meant its opposite "intrastate commerce".

Let them argue the merits of this nullification not the merits of all past uses of this tool. Let all the other states in their consent and careful thought be the judge if this is injurious enough to them as to merit supporting the necessary response to stop it.

Let them who stand to lose as much as we do from this usurpation in their brotherhood with us be the judge in mass of our choices, NOT the one who stands to gain from this usurpation.

A company is Kentucky has just put out Pure Silver Dollars Commemorating the Second Amendment. Check out http://www.budsgunshop.com or Google "Gun Dollars". Very Cool

Thank you for the reprint rights. I plan on borrowing heavily from this excellent article when I create a Kentucky Firearms Freedom tri-fold pamphlet as part of the materials I'll be distributing at gun shows. I already have a Kentucky Firearms Freedom Act table reserved for the Lexington KY gun show on November 28-29, and I plan on being at every major Kentucky gun show until this passes. I'll have my Bluegrass Armory .50 BMG that was manufactured in Richmond KY and a friend's DoubleStar AR-15 that was manufactured in Winchester KY as examples of firearms that can be purchased without federal government intervention when this law passes. Both are high quality firearms that are highly desired. I'm also promoting the Kentucky Firearms Freedom Act among the large and growing liberty movement in Kentucky. I'll have petitions, pre-printed postcards, contact info for legislators and all sorts of other action items to put the needed pressure on the legislators. Very few state legislators in Kentucky could vote against anything called the Kentucky Firearms Freedom Act and keep their job. We had a short legislative session last year that was occupied almost entirely by a budget crisis, but we WILL pass the Kentucky Firearms Freedom Act in 2010.

Thanks for all you guys are doing at the Tenth Amendment Center. I expect our Tenth Amendment bill to pass this year, as well. I already created a petition for it and collected signatures at a gun show back in the spring.

I think Abuses is misspelled in the title?