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Ancient Gaseous Emanation
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A bill filed in Minnesota Thursday would effectively thwart virtually all federal gun control measures on the books, past, present and future.

SF28, the Second Amendment Preservation Act, was filed by Sen. Branden Peterson. If passed, it would prohibit all state and local law enforcement from enforcing or providing material support to the enforcement of “any federal act, law, order, rule or regulation that relates to a personal firearm, firearm accessory or ammunition within the limits of this state.”

Such a tactic is an extremely effective way to stop a federal government busting at the seams. Even the National Governors Association admitted this recently when it sent out a press release noting that “States are partners with the federal government in implementing most federal programs.” That means states can create impediments to enforcing and implementing “most federal programs,” including those which impose upon the right to keep and bear arms.

James Madison, the “Father of the Constitution,” advised this strategy specifically. In Federalist 46 he outlined several steps that states can take to effective stop “an unwarrantable measure,” or “even a warrantable measure” of the federal government. Anticipating the anti-commandeering doctrine, Madison called for “refusal to cooperate with officers of the Union” as a method of resistance.

Judge Andrew Napolitano last year urged states to introduce and pass this type of legislation, saying that a single state passing such a law would make federal gun laws “nearly impossible to enforce.”

LEGAL BASIS

This legislation rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot “commandeer” or coerce states into implementing or enforcing federal acts or regulations – constitutional or not. The anti-commandeering doctrine rests primarily on four Supreme Court cases dating back to 1842. The 1997 case, Printz v. US, serves as the modern day cornerstone.
“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
Such a tactic is an extremely effective way to stop a federal government busting at the seams. Even the National Governors Association admitted this recently when it sent out a press release noting that “States are partners with the federal government in implementing most federal programs.” That means states can create impediments to enforcing and implementing “most federal programs,” including those which impose upon the right to keep and bear arms.

James Madison, the “Father of the Constitution,” advised this very tactic. Madison supplied the blueprint for resisting federal power in Federalist 46. He outlined several steps that states can take to effective stop “an unwarrantable measure,” or “even a warrantable measure” of the federal government. Anticipating the anti-commandeering doctrine, Madison called for “refusal to cooperate with officers of the Union” as a method of resistance.

Fox News legal analyst Judge Andrew Napolitano last year urged states to introduce and pass this type of legislation specifically, saying that a single state passing such a law would make federal gun laws “nearly impossible to enforce.”

MOMENTUM

Introduction comes at a time when other states are also considering similar bills, building momentum and support for the effort to block federal gun control in the states. Similar bills have already been filed for 2015 in Texas, Kentucky, Oklahoma and South Carolina, and at least five more states are expected to do the same. Since 2013, Idaho, Alaska and Kansas have already passed into law legislation that pushes back at federal gun control measures with this same strategy.

“We know from modern times that when ten or more states pass laws that seek to block federal acts, the federal government has an extremely difficult time with enforcement,” said Scott Landreth of ShallNot.org. “With three states on the board already, and legislators more willing to take a stand on the right to keep and bear arms, we are well on our way to bringing down some aspects of federal gun control without having to wait on Congress.”

Supporters recognize that passage in Minnesota will be difficult, at best, but Landreth suggested that even introduction and debate on the bill will help educate others and strengthen the movement in other states. “When gun rights activists in places like Utah, Alabama and Pennsylvania see that even legislators in Minnesota are willing to take a chance in a place hostile to the 2nd Amendment, this will create pressure for bills to be introduced in their states too,” he said.

SF28 has been assigned to the Senate Judiciary committee, where it will first need to pass by a majority vote before the full senate can consider it.





Minnesota Bill Would Thwart All Federal Gun Control: Past, Present and Future | Tenth Amendment Center Blog
 

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Grand Imperial Poobah
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Heck, the rest of the states need to follow suit.
 

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Heck, the rest of the states need to follow suit.
Here in NY we are waiting for the safe act part deux to come crashing down.....
 

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These are nice ideas that should be admired. Now consider a situation where the Feds say that they will shut off all Federal 'welfare' payments to states which don't do what Washington wants.

No EBT. No Section 8. Instant civil war.
 

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Can we borrow that Senator for a little while ? ... man oh man would he have his work cut out for him up here .
 

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Gun Cashew
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Minnesota tells the government to beat it

Minnesota has drafted a bill, SF28, which would effectively prevent federal gun control in the state. If passed, it could mean a lot of interesting things, like deregulation of machine guns.

Too early to tell, but very interesting, nonetheless. I just like that the state is telling the government to back off.

States Consider Banning All Federal Law Related to Firearms | Ban Forks and Spoons
 

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It had to come to this. The Regime in power does not represent the WORKING tax paying citizens. This is the reason for the war of northern aggression, strong central government stomping around on states rights.
 

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Missouri did it also....good for MN, some of these other states need to get on the band wagon.
 

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Posted on February 19, 2013 by John Hinderaker in gun control, Second Amendment
Gun Control DOA In Minnesota

The Democrats now control all of the levers of power in Minnesota, so when the national Democratic Party made its gun control push after Newtown, Minnesota Democrats followed suit. Legislation to ban a random selection of semiautomatic rifles and average-capacity magazines for all firearms was introduced here, largely mirroring gun control measures at the federal level and elsewhere. Given the Democrats’ control over both the legislature and the governor’s office, many thought that heightened gun control could become a reality.
Gun Control DOA In Minnesota | Power Line

By Doug Belden
[email protected]

Posted: 01/06/2015 12:01:00 AM CST
After two years in the minority, Republicans officially took back the Minnesota House on Tuesday
1985, the last time state government had this same political configuration -- a Democratic governor and Senate with a Republican-led House
Minnesota Legislature kicks off 2015 session with talk of scrubbing 2016's - TwinCities.com
2015 Minnesota Legislative Session Preview | Winthrop & Weinstine, P.A. - JDSupra

Governor of Minnesota Mark Brandt Dayton
Political party Democratic–Farmer–Labor
The Minnesota Democratic–Farmer–Labor Party (DFL) is a social liberal political party in the U.S. state of Minnesota.
It is affiliated with the United States Democratic Party.
The DFL Platform
We support: Reasonable gun control that promotes public safety and crime prevention.
Dayton?s View Conflicted over Gun Rights in Light of Tragedy | Conservative Daily News
New Report Explores How Weak Laws Allow Domestic Abusers and Stalkers to Buy and Keep Guns, Calls on Political Leaders to Close Loopholes to Save Women?s Lives

"Everytown and the Minnesota chapter of Moms Demand Action have endorsed six candidates and Governor Dayton for re-election and we are happy to support their campaigns as they were strong supporters of a bi-partisan law passed
We support: Reasonable gun control that promotes public safety and crime prevention.
Bloomberg-founded gun group gears up in Minnesota | Hot Dish Politics | StarTribune.com
 

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Mmmm new MG's Glaaaaaaah!!!


It'd be a dangerous time to have money there, I'd be eyeballin' every new manufacture MG out there LOL!
 

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Grand Imperial Poobah
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I wished North Carolina followed Minnesota's lead on this. bee.gif
 

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The Tenth Amendment Tracking and Action Center has extensive information on state legislation across the USA which is aimed at nullifying all sorts of Federal laws and regulations. It's a major national backlash against the Feds on a number of topics.

Their information on state initiatives to nullify Federal firearm laws can be found here.
 
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