Posted by Michael Salvi on 03/15/10

2 years in jail also possible for agent enforcing U.S. regulations on firearm

By Bob Unruh
© 2010 WorldNetDaily

Wyoming has joined a growing list of states with self-declared exemptions from federal gun regulation of weapons made, bought and used inside state borders - but lawmakers in the Cowboy State have taken the issue one step further, adopting significant penalties for federal agents attempting to enforce Washington's rules.

According to a law signed into effect yesterday by Democratic Gov. Dave Freudenthal, any agent of the U.S. who "enforces or attempts to enforce" federal gun rules on a "personal firearm" in Wyoming faces a felony conviction and a penalty of up to two years in prison and up to $2,000 in fines.

WND reported just days ago when Utah became the third state, joining Montana and Tennessee, to adopt an exemption from federal regulations for weapons built, sold and kept within state borders.

A lawsuit is pending over the Montana law, which was the first to go into effect.

But Wyoming's law goes further, stating, "Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not more than two (2) years, a fine of not more than two thousand dollars ($2,000.00), or both."

Here are answers to all your questions about guns, ammunition and accessories.

Gary Marbut of the Montana Shooting Sports Association, who has spearheaded the Montana law, now describes himself as a sort of "godfather" to the national campaign.

He said the issue is not only about guns but about states' rights and the constant overreaching by federal agencies and Washington to impose their requirements on in-state activities.

He said South Dakota, Oklahoma, Alaska and Idaho also appear to be close to adopting similar legislation, and several dozen more states have proposals in the works.

Tenth Amendment Center map showing 4 states adopting gun exemptions (in red)

 

According to an analysis by Michael Boldin at the Tenth Amendment Center, the federal government has used the Commerce Clause, which authorizes the regulation of commerce that crosses state lines, to regulate just about anything.

In the Montana lawsuit, the federal government's brief argues it can regulate intrastate commerce because of the Commerce Clause.

But the analysis said what the states are doing is simply a nullification.

"Laws of the federal government are to be supreme in all matters pursuant to the delegated powers of U.S. Constitution. When D.C. enacts laws outside those powers, state laws trump. And, as Thomas Jefferson would say, when the federal government assumes powers not delegated to it, those acts are 'unauthoritative, void, and of no force' from the outset," Boldin wrote.

"When a state 'nullifies' a federal law, it is proclaiming that the law in question is void and inoperative, or 'non-effective,' within the boundaries of that state; or, in other words, not a law as far as the state is concerned. Implied in such legislation is that the state apparatus will enforce the act against all violations - in order to protect the liberty of the state's citizens," he continued.

"By signing HB95, Gov. Freudenthal places Wyoming in a position of proper authority while pressing the issue of state supremacy back into the public sphere," he continued.

On a blog, one commentator noted, "This is a healthy sign. Legislators in several states working to take back sovereignty and restore constitutional government. The next step that has to be taken is to replace representatives and senators who don't support states rights. Then, the House needs to introduce impeachment proceedings against Supreme Court justices who exhibit bad behavior. Contrary to popular belief, Supreme Court justices do not serve lifetime appointments. They serve for periods of GOOD BEHAVIOR. I contend that erroneous decisions constitute bad behavior."

Learn what you can do about your nation. Get "Taking America Back," Joseph Farah's manifesto for sovereignty, self-reliance and moral renewal

According to the Casper, Wyo., Star-Tribune, the law takes effect in July and consumers could purchase guns immediately under the exemption from the state's sole firearms manufacturer, Freedom Arms, which makes revolvers in the $2,000 price range.

The newspaper reported authorities already have discussed the possible scenario of a local Wyoming sheriff arresting a U.S. marshal.

"That's a question we've sort of asked ourselves," John Powell, a spokesman with the U.S. attorney's office in Cheyenne, told the paper. "We're not exactly sure how this is going to play out."

State Rep. Alan Jaggi, R-Lyman, told the newspaper there could be confrontations.

"I think it could be a possibility if we had some overzealous - do I want to say bureaucrat? - that would just say, 'Hey, we're going to show these states we have all the authority,'" Jaggi said. "States' rights - I'm willing to say that's important enough to us to do it."

In signing Utah's law, Gov. Gary Herbert said it was time to act.

"There are times when the state needs to push back against continued encroachment from the federal government. Sending the message that we will stand up for a proper balance between the state and federal government is a good thing," said Herbert in a statement.

The Montana lawsuit was filed by state officials against U.S. Attorney General Eric Holder and others seeking a court order that the federal government stay out of the way of Montana's management of its own firearms within state borders.

In a subsequent filing, the federal government demanded dismissal of the action, explaining it can regulate in-state commerce under the Constitution's Commerce Clause.

As WND reported, the action was filed by the Second Amendment Foundation and the Montana Shooting Sports Association in U.S. District Court in Missoula, Mont., to validate the principles and terms of the Montana Firearms Freedom Act, which took effect Oct. 3.

Marbut argues that the federal government was created by the states to serve the states and the people, and it is time for the states to begin drawing boundaries for the federal government and its agencies.

The government's filing in the case demands its dismissal, citing a lacking of "standing" for the plaintiffs and the court's lack of "jurisdiction," as well as the Constitution's Commerce clause. The government filing argues, "The Supreme Court and Ninth Circuit have repeatedly held that even purely intrastate activities, such as those the MFFA purports to exempt from federal law, do affect interstate commerce and thus are within Congress' power to regulate. As a result, even if plaintiffs had standing and jurisdiction existed, plaintiffs' amended complaint fails to state a claim and must be dismissed."

The Commerce Clause, however, can be interpreted to have been amended by the 10th Amendment, which is part of the Bill of Rights, adopted subsequent to the U.S. Constitution, Marbut explains.

His organization said, "The Commerce Clause was amended - by the 10th Amendment. It is a bedrock principle of jurisprudence that for any conflict between provisions of a co-equal body of law, the most recently enacted must be given deference as the most recent expression of the enacting authority. This principle is ancient. Without this principle, laws could not be amended or repealed."

For example, U.S. courts repeatedly affirmed slavery before it ultimately was rejected.

There's no question that the components of the Bill of Rights have authority: Just look at the First Amendment, Marbut explained.

The federal government had written gun dealers in Montana as well as in Tennessee when it adopted its own version of the same law that warned against following the state laws.

The letters were distributed to holders of Federal Firearms Licenses.

In the Tennessee case, Carson W. Carroll, the assistant director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, told dealers the adopted Tennessee Firearms Freedom Act "purports to exempt personal firearms, firearms accessories, and ammunition manufactured in the state, and which remain in the state, from most federal firearms laws and regulations."

The exemption is not right, the federal agency letter contends.

http://www.wnd.com/index.php?fa=PAGE.view&pageId=127787

Posted 03/15/10 Mike in Virginia Fredericksburg, VA

The movement to return power to the states is accelerating, and there is sure to be a showdown eventually. When that happens, the movement will go viral. So far the states have only taken baby steps, but at least they are learning to walk. If we are to see liberty in our lifetime, this will be the source.

Posted by Michael Salvi on 03/15/10
Last updated 03/15/10

SENATE JUDICIARY COMMITTEE UNANIMOUSLY PASSES BILL TO REDUCE CRACK/POWDER COCAINE SENTENCING DISPARITY
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HAWAII SENATE PASSES THREE DIFFERENT REFORM MEASURES
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JOB OPPORTUNITIES: DRUG POLICY ALLIANCE, NEW YORK AND NEW MEXICO OFFICES
The Drug Policy Alliance is hiring a state director in New Mexico, and a National Organizing and Field Director working from New York.

STUDENTS: INTERN AT STOPTHEDRUGWAR.ORG (DRCNET) AND HELP STOP THE DRUG WAR!
Apply for an internship at DRCNet and you could spend a semester fighting the good fight!

Stop the Drug War (DRCNet) is an international organization working for an end to drug prohibition worldwide and for interim policy reform in US drug laws and criminal justice system. Read more about DRCNet.

Founded on March 16, 2002, LEAP is made up of current and former members of law enforcement who believe the existing drug policies have failed in their intended goals of addressing the problems of crime, drug abuse, addiction, juvenile drug use, stopping the flow of illegal drugs into this country and the internal sale and use of illegal drugs. By fighting a war on drugs the government has increased the problems of society and made them far worse. A system of regulation rather than prohibition is a less harmful, more ethical and a more effective public policy.

The mission of LEAP is to reduce the multitude of unintended harmful consequences resulting from fighting the war on drugs and to lessen the incidence of death, disease, crime, and addiction by ultimately ending drug prohibition.

LEAP's goals are:

1. To educate the public, the media, and policy makers, to the failure of current drug policy by presenting a true picture of the history, causes and effects of drug abuse and the crimes related to drug prohibition and
2. To restore the public's respect for law enforcement, which has been greatly diminished by its involvement in imposing drug prohibition.

LEAP's main strategy for accomplishing these goals is to create a constantly enlarging speakers bureau staffed with knowledgeable and articulate former drug-warriors who describe the impact of current drug policies on: police/community relations; the safety of law enforcement officers and suspects; police corruption and misconduct; and the financial and human costs associated with current drug policies.

Posted by Michael Salvi on 03/10/10

Pennsylvania State Police have staged another beer raid, confiscating about a dozen cases from a leading distributor in Northeast Philadelphia and ordering it to stop selling several well-known imports, including Duvel, a popular Belgian beer sold throughout the Philadelphia region.

Agents from the State Police Department's Bureau of Liquor Code Enforcement (BLCE) descended Monday night on Origlio's Beverage, a wholesale distributor in the Far Northeast whose primary brands include Coors and Yuengling.

The police seized about a dozen cases from a small California beermaker, Russian River Brewing Co., and ordered Origlio's to stop selling Duvel and other beers, including Hacker-Pschorr, Paulaner and Monk's Cafe Ale, developed in Belgium for the Philadelphia bar at 16th and Spruce streets.

As in armed raids conducted last week against three Philadelphia taprooms, the State Police alleged that the targeted beers were not properly registered with the state Liquor Control Board for sale in Pennsylvania - a process involving limited paperwork and a $75 fee.

The sketchy evidence available suggests that several of the beers in fact had been properly registered, and related liquor taxes had been paid.

But apparent miscommunication between the Liquor Control Board and the State Police has left the state's investigators with only a foggy notion of what's registered and what isn't. The State Police proceeded with the latest raid in spite of the confusion.

"This is really an outrage," said a local bar owner who missed his Duvel delivery yesterday. "The state doesn't understand that Duvel actually is registered and has been sold here for years and years. It's almost unbelievable."

The bar owner, who said he sells two cases of Duvel a week, asked not to be identified for fear of retaliation from the State Police BLCE. "It doesn't answer to anybody," he said. "They're running amok."

For the second day, State Police officials in Philadelphia and Harrisburg failed to return telephone calls or respond to written questions from the Daily News.

The Liquor Control Board also failed to respond to questions about its communications with the State Police and apparent problems with its list of more than 2,800 registered beers.

The State Police banned further sales of the Monk's brew, for instance, in spite of "Monk's Cafe Ale" being listed on the LCB's Web site as a registered beer. And it told Origlio's to stop selling Duvel in spite of the fact that "Duvel Beer" is listed by the LCB.

So far, it appears Origlio is the only distributor raided in the recent State Police crackdown.

But others are reviewing their inventories and consulting lawyers, just in case.

"It's just a clerical problem, but they're treating this stuff like contraband," said one distributor who asked not to be identified.

The beer that the State Police removed from Origlio's was Russian River Supplication, an expensive ale with limited production, rarely available outside California. Its brewer, Vinnie Cilurzo, told the Daily News that he simply forgot to register some of his brands with the LCB.

"We are a small mom-and-pop brewery and every once in a while something slips through the cracks," Cilurzo said in an e-mail.

The State Police would have needed a tractor-trailer to haul away Origlio's ample supplies of the other beers on their suspect list, including Duvel, Hacker-Pschorr, Paulaner and the Monk's Cafe Ale. Instead, they just ordered Origlio's to stop selling them.

http://www.philly.com/philly/news/homepage/20100310_In_another_raid__State_Polic
e_hit_beer_distributor__Origlio_s__in_Far_Northeast.html

Posted 03/10/10 ChadSweigert Annville, PA

In other news... pennsylvania roadsides light up like flashing christmas trees with local law enforcement doing their best to make quota.

Posted 03/11/10 fadestyle Walnut Bottom, PA

wtf! so we have people going hungry, people getting mugged, people being raped and they want to raid a legal item from a Pa business? its like they want all the businesses to go under from all the state police pressure? what do they think they are doing to up hold the constitution?

Posted 03/11/10 rightsman Las Vegas,, NV

THIS IS NOT A POLICE STATE!!!! I repeat! THIS IS NOT A POLICE STATE!!! In fact, this is almost a free country. Thank you, Robert Walker

Posted by Michael Salvi on 02/26/10

With uncharacteristic bluntness, Federal Reserve Chairman Ben S. Bernanke warned Congress on Wednesday that the United States could soon face a debt crisis like the one in Greece, and declared that the central bank will not help legislators by printing money to pay for the ballooning federal debt.

Recent events in Europe, where Greece and other nations with large, unsustainable deficits like the United States are having increasing trouble selling their debt to investors, show that the U.S. is vulnerable to a sudden reversal of fortunes that would force taxpayers to pay higher interest rates on the debt, Mr. Bernanke said.

"It's not something that is 10 years away. It affects the markets currently," he told the House Financial Services Committee. "It is possible that bond markets will become worried about the sustainability [of yearly deficits over $1 trillion], and we may find ourselves facing higher interest rates even today."

It was some of the toughest rhetoric to date about the nation's fiscal and budgetary woes from the Fed chief, who faces a second round of questioning Thursday before a Senate panel.

Mr. Bernanke for the first time addressed concerns that the impasse in Congress over tough spending cuts and tax increases needed to bring down deficits will eventually force the Fed to accommodate deficits by printing money and buying Treasury bonds — effectively financing the deficit on behalf of Congress and spurring inflation in the process.

Some economists at the International Monetary Fund and elsewhere have advocated this approach, suggesting running moderate inflation rates of 4 percent to 6 percent as a partial solution to the U.S. debt problem. But the move runs the risk of damaging the dollar's reputation and spawning much higher inflation that would be debilitating to the U.S. economy and living standards.

Rep. Brad Sherman, California Democrat, asked Mr. Bernanke directly whether the Fed would consider such a strategy, especially since IMF officials endorsed it.

"We're not going to monetize the debt," Mr. Bernanke declared flatly, stressing that Congress needs to start making plans to bring down the deficit to avoid such a dangerous dilemma for the Fed.

"It is very, very important for Congress and administration to come to some kind of program, some kind of plan that will credibly show how the United States government is going to bring itself back to a sustainable position." Separately, Mr. Bernanke's predecessor, Alan Greenspan, told Bloomberg News that "fiscal affairs are threatening the outlook" for recovery from recession as Congress and the White House have been unable for years to make tough decisions to raise taxes or cut spending.

He said he is so concerned about a sudden sharp increase in interest rates that every day he checks the interest rate on 10-year Treasury notes and 30-year Treasury bonds, calling them the "critical Achilles' heel" of the economy.

Despite his gloomy testimony, Mr. Bernanke dismissed concerns that the United States will lose its gold-plated AAA credit rating any time soon. Moody's Investors Service recently said that the U.S. rating would come "under pressure" at some point if Congress does not rein in the budget deficit.

The Fed chairman said repeatedly that he understands how difficult it will be for Congress to tame deficits by curbing spending in popular programs like Social Security, Medicare and defense, while also considering tax hikes. But he said there would be an immediate payoff: lower interest rates.

"It would be very helpful, even to the current recovery, to markets' confidence, if there were a sustainable, credible plan for a fiscal exit," he said.

A plan that eases market worries by laying out how Congress will address the long-term insolvency of Social Security, Medicare and other entitlement programs also would give Congress more room to take the actions needed today to address the jobs crisis, Mr. Bernanke added.

"There could be a bonus there," he said. "To the extent that we can achieve credible plans to reduce medium- to long-term deficits, we'll actually have more flexibility in the short term if we want to take other kinds of actions."

Separately, the debate continued over whether Fannie Mae and Freddie Mac, the two mortgage financing giants, should be included in the federal budget books now that the Obama administration has taken the limits off aid the Treasury Department is prepared to give the companies to keep them solvent.

Republicans, including Rep. Spencer Bachus of Alabama, the top Republican on the banking committee, have argued that the government is now effectively guaranteeing Fannie and Freddie's nearly $5 trillion of mortgage-backed securities and other debt, so their revenues and liabilities should be included in the federal budget as obligations of the government. Taking this step would greatly bloat the federal balance sheet.

Mr. Bachus said he worries that keeping Fannie and Freddie's status off the federal books is "the same sort of financial shell game that has brought governments like Greece to a crisis point."

But Treasury Secretary Timothy F. Geithner, who also testified on Capitol Hill on Wednesday, said the administration opposes including the quasi-government entities in the budget, although it lifted the limits on aid to Fannie and Freddie with the intent of assuring financial markets that the U.S. government stands behind their obligations.

"We do not think it is necessary to consolidate the full obligations of Fannie and Freddie onto the nation's budget. But we do think it's very important ... that we make it clear to investors around the world that we will make sure that we will take the actions necessary" to keep the two entities stable, he told the House Budget Committee.

http://www.washingtontimes.com/news/2010/feb/25/bernanke-delivers-warning-on-us-
debt/?page=2

Posted 02/27/10 MichaelBarry Sebring, FL

"Ben S. Bernanke warned Congress on Wednesday that the United States could soon face a debt crisis like the one in Greece, and declared that the central bank will not help legislators by printing money to pay for the ballooning federal debt." Really? This is an empty threat. Who could possibly believe this after the Fed has spent the last 40 years practicing this precise policy? This a blank shot across the bow meant for public consumption, especially for the consumption of potential purchasers of US debt. The facts are: Congress has no economic understanding at all, and Bernanke is a liar.