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Thread: Idaho Fighting Federal Law

  1. #1
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    Hello, I read this article today in my local paper. Makes me love my state even more. Enjoy.



    http://www.spokesman.com/stories/201...s-federal-law/

    BOISE – Idaho lawmakers are gearing up to declare guns and ammunition made in the state exempt from all federal laws, including registration.

    “This is automatically going to end up in a court case, that was the object of this bill,” said the measure’s lead sponsor, Rep. Dick Harwood, R-St. Maries. “It’s not to control guns, it’s not to do anything, it’s to change. … To tell the state of Idaho we can run our own commerce, that’s what this bill is about.”

    The measure is designed to match a “firearms freedom” bill already passed in Montana – and already the subject of a federal court case – along with pending measures in nearly two dozen other states. The idea: To force a more narrow reading of the commerce clause of the U.S. Constitution by the Supreme Court, by suggesting that the use of guns not sold across state lines isn’t interstate commerce and therefore can’t be regulated at the federal level.

    Harwood’s bill raised legal questions when he unveiled it. At a committee hearing last week, another lawmaker distributed an Idaho attorney general’s opinion showing the bill was “likely unconstitutional.”

    “An attempt to nullify federal statutes is beyond the power of the Idaho Legislature,” the opinion found.

    But Harwood said that’s not the point. “Y’know, the supreme law of the land sometimes is maybe not always right,” he said. “There was a prohibition law and that was not right. … They ended up turning around and saying, well, what we did there was wrong.” He also cited slavery, saying, “We all know that’s wrong. That didn’t get overturned until the people went back and said this is wrong. You have to push the envelope. … That’s what this bill is doing.”

    Harwood brought Deputy Attorney General Brian Kane to the House State Affairs Committee to explain the law at a second hearing. Kane said the bill likely is unconstitutional under current case law, and the attorney general’s office is bound by that. But, he said, if the Legislature wants to set up a court fight over how the commerce clause should be interpreted, that’s up to lawmakers.

    “That’s not a legal question to answer; that is a policy question for this Legislature,” Kane said. The bill, he said, does raise issues that “most likely will need to be resolved by a court of competent jurisdiction.”

    Rep. Phil Hart, R-Athol, said, “We want to take this to court, we want to create a controversy, and that’s where we’re headed with this. And Idaho will be part of a grander scheme.” The bill then was approved on a voice vote, with just two “no” votes, and sent to the full House, which likely will debate it this week.

    Hart said several private legal groups want to take on the court fight, so it wouldn’t cost the state anything. But Kane said the attorney general’s office has a constitutional obligation to defend state laws, so if the law passes, it’ll defend it.

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    the sac wrote:
    Hello, I read this article today in my local paper. Makes me love my state even more. Enjoy.



    http://www.spokesman.com/stories/201...s-federal-law/

    BOISE – Idaho lawmakers are gearing up to declare guns and ammunition made in the state exempt from all federal laws, including registration.
    Outstanding - I love the smell of stripping Unconstitutionally/Illegally gained liberties from the Federal Government in the morning!!!

    Nemo Me Impune Lacessit!

  3. #3
    Regular Member Broondog's Avatar
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    way to go Idaho!

    Missouri has a very similar Bill on the table. http://house.mo.gov/content.aspx?inf...lls/hb1230.htm

    just think what would happen if more and more states follow suit. i know that many states have 10A Bills in the works too, as does MO. things are not looking good for big D.C.


    I'm the one who's gotta die when it's time for me to die, so let me live my life the way I want to.
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    NRA Benefactor Member & 03 FFL

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    Broondog wrote:
    way to go Idaho!

    Missouri has a very similar Bill on the table. http://house.mo.gov/content.aspx?inf...lls/hb1230.htm

    just think what would happen if more and more states follow suit. i know that many states have 10A Bills in the works too, as does MO. things are not looking good for big D.C.

    Amen - Individual states proclaiming their 10th amendment rights (sovereignty) is one of the best weapons we have right now ... think about it - if all of the states would secede, the federal government would lose it's power/authority over night ... we need to shrink these bastards back inside of the footprint outlined in the Constitution and this is a great start!

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    So far Montana, Tennessee and Utah have passed laws similar to this, and similar laws are on the tables in quite a few states actually, Missouri, Wyoming, and Idaho to name a couple.

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    Don't forget Arizona's 'Light Bulb' law challenge in the works.
    Now if they will just make an instate incandescent laser site for the
    test case challenge.

    Who would have though BHO would preside over the reaffirmation of the constitutional rights of Americans. Now that's change I will embrace.

    Alas it looks like Alabama's 2A law will not get up for a vote.

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    Regular Member rodbender's Avatar
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    Texas, under RickPerry, will probably sit with it's proverbial thumb up it's proverbialbuttwhile everyone else fights it out. Texas is quickly becoming the shame of the federation. There, I finally said it, been thinking it for some time now.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Regular Member Thundar's Avatar
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    It looks like New Hampshire will make it a felony for federal agents to interfere with intrastate firearms commerce.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Thundar wrote:
    It looks like New Hampshire will make it a felony for federal agents to interfere with intrastate firearms commerce.
    Well, that would be sweet!

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    Correct me if I am wrong, but I think Tennessee passed a law like this I wish Utah would have put a clause like this in SB 11

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    SlackwareRobert wrote:
    Who would have though BHO would preside over the reaffirmation of the constitutional rights of Americans. Now that's change I will embrace.
    yeah, now THAT's "change we can believe in"

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    Regular Member CrossFire's Avatar
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    Yea,Four more years of "Slick Hair" Perry. Sooner or later the people of this state have got to wake up.

    rodbender wrote:
    Texas, under RickPerry, will probably sit with it's proverbial thumb up it's proverbialbuttwhile everyone else fights it out. Texas is quickly becoming the shame of the federation. There, I finally said it, been thinking it for some time now.

  13. #13
    Regular Member rodbender's Avatar
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    CrossFire wrote:
    Yea,Four more years of "Slick Hair" Perry. Sooner or later the people of this state have got to wake up.

    rodbender wrote:
    Texas, under RickPerry, will probably sit with it's proverbial thumb up it's proverbialbuttwhile everyone else fights it out. Texas is quickly becoming the shame of the federation. There, I finally said it, been thinking it for some time now.
    Don't bet the farm on it.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Now THAT is a quality first post!
    Why open carry? Because 1911 > 911.

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