IS NULLIFICATION THE ANSWER?
by Sharon Rondeau
(Feb. 3, 2013) — After the New York State legislature hastily passed an assault weapons ban following the Sandy Hook Elementary School mass murders in December, angry upstate residents attended a town hall meeting to tell local politicians that they would not comply with provisions of the law.
Magazine clips exceeding seven rounds have been banned by the new legislation, which has placed New York’s police officers in the untenable position of carrying illegal ammunition clips, something Gov. Andrew Cuomo is now trying to rectify.
Obama and some Democrats in Congress have been pushing for a national assault weapons ban since an alleged lone gunman barged into an elementary school in Newtown, CT on December 14, killing 20 children and six adults in a short period of time. While Obama has said he is “skeptical” that armed guards in schools would prevent another such tragedy, parents of children attending Newtown schools have demanded armed police to be on duty during school hours.
One of the most vocal members of Congress encouraging a ban on assault weapons and high-capacity magazine clips is Sen. Dianne Feinstein, who reportedly possessed a concealed-carry permit during the 1990s. Putative Vice President Joe Biden also has admitted to owning two weapons.
The National Rifle Association has recommended armed guards for every school in the nation and has launched an initiative to help train school personnel in safe firearms use and how to respond in emergency situations.
Obama and his supporters are attempting to urge defunding of companies which manufacture ammunition. Former White House Chief of Staff Rahm Emanuel, who is now Mayor of Chicago, a city plagued by gun violence and crime, has urged banks which have extended lines of credit to gun-makers to “use their influence to ‘push’ the manufacturers to go along with the president’s tough new gun controls.”
Strict gun control in Chicago and Illinois in general has not stopped criminals from murdering at will, including a young woman who had performed at Obama’s inauguration on January 21.
Various state lawmakers have introduced bills which, if passed, would nullify any federal legislation or executive “actions” taken by Obama to further restrict the availability of firearms. A borough in Pennsylvania, a North Carolina county, an Indiana county and more than three dozen county sheriffs across the country have declared that federal gun regulations will be null and void within their respective jurisdictions.
The states of Utah, Wyoming, Nebraska, Missouri, Mississippi, Texas, Oklahoma and others have introduced legislation which would nullify federal gun laws perceived as overreaching or unconstitutional. Lawmakers in both legislative chambers in the state of Tennessee have passed a “Firearms Freedom Act” which is awaiting the signature of the governor.
Montana passed such a law in 2009.
A federal appeals court ruled that in Illinois, where Obama served as a state senator and voted in favor of strict gun control, the ability to carry a firearm outside the home cannot be denied.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.
The Tenth Amendment Center suggests steps which can be taken by state legislatures to nullify federal acts they perceive as unconstitutional, particularly in regard to Obamacare.
In an apparent attempt to garner more favor with gun advocates, a White House photo released over the weekend appears to depict Obama “skeet-shooting,” purportedly at Camp David last August 4, although his statement to The New Republic about participating in the activity surprised many. The White House reportedly issued a warning to the public not to alter the photo in any way, although some have already suggested that the photo is fake and do not appear to believe Obama’s claim.
Update, February 4, 2013: As many as 266 sheriffs and six state sheriffs‘ associations have declared that they will not enforce federal orders or legislation which they perceive as infringing on the Second Amendment.