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HELENA, Mont. (March 13, 2013) – The Montana Senate passed a bill prohibiting state compliance with any federal attempt to enforce a ban semiautomatic firearms or high capacity magazines* in Montana on Wednesday.
The Senate approved HB302 by a vote of 28-21. The bill passed the House 56-42 on Feb. 22, but the Senate Judiciary Committee amended the language, and the two chambers will now need to reconcile the two versions.
HB302 prohibits “a peace officer, state employee, or employee of any political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on semiautomatic weapons or large magazines and is also prohibited from participating in any federal enforcement action implementing a federal ban on semiautomatic weapons or large magazines.”
The law also prohibits expenditure of public funds for the purpose of enforcing a federal gun ban. Any state agent working with the feds would be guilty of official misconduct.
The so-called ‘war on drugs’ illustrates federal dependency on the support of* state agencies in enforcing its laws. Federal agencies almost always act in cooperation with state and local law enforcement. In many situations, federal agents have absolutely no way to carry out enforcement without massive state and local support. *If a large number of states simply refuse to cooperate with federal gun bans, it will effectively nullify the law. *Without state compliance and assistance, many unconstitutional federal acts are little more than a house of cards. Refusing compliance on a state or local level is a big deal – and it sets the stage for others to do the same.
“We saw the power of non-compliance in the 1850s, ” Tenth Amendment Center communications director Mike Maharrey said. “Northern states passed personal liberty laws and flat out refused to cooperate with federal agents trying to return accused runaway slaves south. They denied use of their jails and facilities and in some cases criminalized state cooperation – just like the Montana bill. It was so effective, South Carolina and Mississippi listed northern nullification of the Fugitive Slave Act as a cause for secession.”
More than two dozen states have introduced legislation to nullify federal gun “laws.” – and Montana is leading the way as the first state where both houses have approved such a bill.
http://blog.tenthamendmentcenter.com/2013/03/montana-senate-vote-to-nullify-federal-gun-bans-28-21/
The Senate approved HB302 by a vote of 28-21. The bill passed the House 56-42 on Feb. 22, but the Senate Judiciary Committee amended the language, and the two chambers will now need to reconcile the two versions.
HB302 prohibits “a peace officer, state employee, or employee of any political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on semiautomatic weapons or large magazines and is also prohibited from participating in any federal enforcement action implementing a federal ban on semiautomatic weapons or large magazines.”
The law also prohibits expenditure of public funds for the purpose of enforcing a federal gun ban. Any state agent working with the feds would be guilty of official misconduct.
The so-called ‘war on drugs’ illustrates federal dependency on the support of* state agencies in enforcing its laws. Federal agencies almost always act in cooperation with state and local law enforcement. In many situations, federal agents have absolutely no way to carry out enforcement without massive state and local support. *If a large number of states simply refuse to cooperate with federal gun bans, it will effectively nullify the law. *Without state compliance and assistance, many unconstitutional federal acts are little more than a house of cards. Refusing compliance on a state or local level is a big deal – and it sets the stage for others to do the same.
“We saw the power of non-compliance in the 1850s, ” Tenth Amendment Center communications director Mike Maharrey said. “Northern states passed personal liberty laws and flat out refused to cooperate with federal agents trying to return accused runaway slaves south. They denied use of their jails and facilities and in some cases criminalized state cooperation – just like the Montana bill. It was so effective, South Carolina and Mississippi listed northern nullification of the Fugitive Slave Act as a cause for secession.”
More than two dozen states have introduced legislation to nullify federal gun “laws.” – and Montana is leading the way as the first state where both houses have approved such a bill.
http://blog.tenthamendmentcenter.com/2013/03/montana-senate-vote-to-nullify-federal-gun-bans-28-21/
