A Second Amendment Sanctuary Act With Some Teeth
BY Herschel Smith
3 years, 10 months ago
Be it enacted by the Newton County Missouri Commission as follows: All federal acts, laws, orders, rules, and regulations passed by the Federal Government and specifically any Presidential Administration whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in the county, shall not be recognized by this county, and specifically rejected by this county, and shall be considered null and void and of no effect in this county.
(1) Such federal acts, laws, orders, rules, and regulations include but are not limited to:
(a) Any tax levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(b) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(c) Any registering or tracking of the owners of firearms, firearms accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens;
(e) And finally, any act whether past, present, or future passed by the United States Congress and signed into law by the Federal Government and specifically any Presidential Administration which infringes on the people’s right to keep and bear arms in Newton County Missouri shall be considered null and void in the county, and not recognized by this county. Current House bills include but are not limited to: H.R. 30, H.R. 38, H.R. 121, H.R. 137, and H.R. 167 those bills if past are null and void, and not recognized by Newton County Missouri, any past, present, or future bill passed by the United States Congress will be null and void, and not recognized by Newton County Missouri;
(2) Newton County Missouri declares that it must be the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms and that no person, including a public officer or county employee of this county or any political subdivision of this county, can have authority to enforce or attempt to enforce any federal laws, orders, or rules infringing on the right to keep and bear arms;
(3) Newton County Missouri declares that any person while acting as an official, agent, employee, or deputy of the United States Government who enforces or attempts to enforce any of the infringements identified in this ordinance or gives material aid and support to the efforts of others who enforce or attempt to enforce any of the infringements identified in this ordinance may be permanently ineligible to be hired as a law enforcement officer or to supervise law enforcement officers in the county or exceeds the authority of the Newton County Missouri Commission;
(a) There will be an exception made for Newton County Missouri local deputies and sheriffs, they shall and will not be held liable to this ordinance when assisting any and all federal agents in the arrests of suspected criminals;
(4) Any and all federal agents trying to enforce the regulations listed in Section (1) shall be subject to arrest by the Newton County Missouri Sheriff’s Department;
(a) The Newton County Missouri Sheriffs Department shall be given the full authority to make an arrest of any and all federal agents that violate state laws and enforce the regulations listed in Section (1);
(5) This ordinance will be known and cited as the “Second Amendment Preservation Act of Newton County Missouri”.
Regular readers know that I’ve long said that a prohibition on the participation of local law enforcement in confiscatory policies isn’t enough. For it to be effective, any resolution MUST ensure that any agent of the federal government attempting to do the same be subject to immediate arrest.
On February 9, 2021 at 1:28 am, StillSworn said:
This may result in good test of the Supreme Court.
The fallout could be huge.
On February 9, 2021 at 7:06 am, Wes said:
Nice to see. I have a problem with the wording of (3)(a) (define “suspected”) but nice to see the teeth in it.
On February 9, 2021 at 8:47 am, Okanogan Offgrid said:
It is one thing to say that the Sheriff or his deputies can make an arrest but it is another to have a law that allows the trial, conviction and imprisonment of the Fed Dot Gov thug who was arrested.
What will they do after the arrest has been made?
On February 9, 2021 at 9:45 am, xtphreak said:
It has to be embarrassing to enact a public declaration such as this, and have some grammar nazi (like me lol) expose the lack of education / proof-reading / reliance on “spell check” of the writer(s).
“…those bills if past …”
maybe he meant “,,,those bills if passed…”?
On February 9, 2021 at 9:46 am, xtphreak said:
whoops
fat fingered the keyboard and used the comma key instead of the period key
I’m not immune to an attack of the stupids either lol
On February 9, 2021 at 10:06 am, Herschel Smith said:
@xtphreak,
And sometimes auto-correct does weird things to your writing. Ask me how I know.
On February 9, 2021 at 10:53 am, Longbow said:
Section 3a, makes it safe for local deputies to assist Federal agents in arresting “suspected criminals”. Who are these “suspected criminals”? Why anyone the Feds designate, that is who. You know, “Streamists”, “Radicals”, “Costitutionalists”, “Oath keepers”, “Three Percenters”, people who think they have a right to privacy, property, self defense… you know, them crazy people who refuse to take their vaccines!
Hell, burn ’em! Burn ’em all!
On February 9, 2021 at 11:52 am, Edward Cuevas said:
The Second Amendment has become much more than an issue of gun ownership.
On February 9, 2021 at 12:44 pm, bobdog said:
Boy. One typo and spell check just urines everything.
On February 9, 2021 at 6:39 pm, scott s. said:
“What will they do after the arrest has been made?”
The feds will go into the US District Courts for a writ of Habeas Corpus.
On February 9, 2021 at 7:32 pm, George said:
I got this from a friend who lives in another county in Missouri.
“We have that in our county also plus 3 or 4 others and trying to get the whole state. It passed the house, and rules committee, all it needs is to make it thru the senate and they vote on it shortly!”
Let us hope so.
On February 10, 2021 at 3:42 am, Hudson H Luce said:
“when assisting any and all federal agents in the arrests of suspected criminals”
OK, suppose violations of the following: “(a) Any tax levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(b) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(c) Any registering or tracking of the owners of firearms, firearms accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens;
(e) And finally, any act whether past, present, or future passed by the United States Congress and signed into law by the Federal Government and specifically any Presidential Administration which infringes on the people’s right to keep and bear arms in Newton County Missouri shall be considered null and void in the county, and not recognized by this county.” – are charged as violations of federal law. So people who do not comply with (a) through (e), above, are “suspected criminals”, and this voids the entire ordinance in practical effect.
So some language needs to be added to section 3 (a): “(a) There will be an exception made for Newton County Missouri local deputies and sheriffs, they shall and will not be held liable to this ordinance when assisting any and all federal agents in the arrests of suspected criminals, *unless said suspected criminal act falls within the definitions set out in Section 1, paragraphs (a) through (e), above.*”
This is probably the intent of the commissioners, rather than some sort of shady trickery, but they’ve probably made a mistake in drafting the ordinance, which is not uncommon. The Missouri Legislature attempted to outlaw homosexual sexual acts in 1997, and instead outlawed *all* sexual acts, and this mistake in drafting was not caught by anyone, whether through simple negligence, or deliberately… So all children born the following year and those years following by nine months after the statute was fixed were evidence of a criminal act, if conceived in the State of Missouri. I doubt that any arrests were made.
On February 13, 2021 at 10:46 am, Ned2 said:
SF81 in Wyoming gaining momentum also.
https://blog.tenthamendmentcenter.com/2021/02/wyoming-bill-would-take-on-federal-gun-control-past-present-and-future/
On February 18, 2021 at 7:09 am, Captain Mickey said:
Several textual errors of grammar and logic, but I appreciate the effort and agree with the concept.
Counties and states could also pass ordinances about masks, social distancing, prohibitions on gatherings, etc.
Talk with your local county authorities.