January 31, 2013

“Colorado GOP bill would nullify possible federal gun limits”

This is how every state should be acting.  Unfortunately, we have in Colorado a Mayor who has glommed onto Mayor Bloomberg’s line of thinking — and an “educated” urban elite that has migrated here like locusts from liberal states they’ve already destroyed — so I don’t hold out much hope for passage:

In an effort to stave off firearms restrictions being handed down from Washington, state Republicans have presented a bill that would nullify such federal efforts in Colorado.

The bill, sponsored by state Sen. Vicki Marble, R-Fort Collins, would prohibit state employees from enforcing some firearms laws or statutes that become effective after Jan. 1 of this year — specifically any laws that ban assault weapons, limit magazine size or restrict a person’s ability to buy a gun.

The bill would make it a misdemeanor for a federal agent to attempt to enforce such a law and authorize the state attorney general to defend a Colorado resident accused of violating such a federal regulation.

[...]

The bill’s presentation comes after sheriffs in El Paso, Larimer, Garfield and Weld counties in the past recent weeks issued statements against enforcing gun regulations they considered unconstitutional.

The bill has no support from Democrats, who control both houses of the legislature, says Marble. It’s set to be heard next month in the State, Veterans and Military affairs committee where it will likely die.

“The bill’s lack of respect for the supremacy of federal law and federal jurisdiction over states is astonishing,” said state Sen. Pat Steadman, D- Denver.

Recently the County Sheriffs of Colorado called on state and national lawmakers to hold off on any “hasty” new gun laws in the wake of mass shootings in Aurora and at an elementary school in Newtown, Conn.

Colorado Democrats are poised to introduce legislation that would require background checks on all private gun sales and a ban on high capacity magazines in the coming weeks.

My county commission recently backed a coalition of CO sheriffs who have said essentially the same thing as the GOP statewide bill.  So the answer to federal and even state-wide leftwing overreach is by going ever more local for relief.  Deny the “supremacy” that the leftists who represent our state — and are supposed to represent our interests — wish to grant to the federal government.  It is your liberty they are after, and there is no nobility in following federal law that is on its face unconstitutional.

Let the Governor send my State Police neighbor over to my house confiscate a high cap magazine (if I had any).  I’ll have the town’s Mayor standing there beside me, and the sheriff’s dept. on its way.

Resist we much. And we must.  Etc.

 

Posted by Jeff G. @ 12:19pm
43 comments | Trackback

Comments (43)

  1. In the mean time, my state is having hearings on their own ban next week, which is about as restrictive as Feinstein’s, I think.

  2. Since the Constitution is silent on the issue of review (Chief Justice Marshall asserted that privilege for the Court), I don’t think the Supremacy Clause is operative when the Federal attempts to impose upon the several states a law that’s unconstitutional.

    In practice what that probably means is that state and local authorities could refuse to cooperate with federal law enforcement. Which, given Arizona and immigration enforcement, there’s precedent to come home and roost.

  3. The bill’s lack of respect for the supremacy of federal law and federal jurisdiction over states is astonishing

    As opposed to Colorado’s approach to the marijuana.

    Overall my response to Steadman would be a) that’s why I like it, and b) it’s not astonishing enough.

  4. “The bill’s lack of respect for the supremacy of federal law and federal jurisdiction over states is astonishing,” said state Sen. Pat Steadman, D- Denver.

    To which Col. Mason, on Sept. 15, 1787 answered: “2ded. & followed Mr. Randolph in animadversions on the dangerous power and structure of the Government, concluding that it would end either in monarchy, or a tyrannical aristocracy; which, he was in doubt, but one or other, he was sure.”

  5. The bill would make it a misdemeanor for a federal agent to attempt to enforce such a law and authorize the state attorney general to defend a Colorado resident accused of violating such a federal regulation.

    How is this going to work out?
    By that I mean, when the Feds come and get you, is the state attorney going to physically defend you, arrest them for arresting you, or maybe show up for your trial and offer pro bono services?

    Dunno, the Feds have a little more gumption than the state attorney.

    Even if it passes, does that really give much protection? Rubber meeting the road and all.

  6. Oh, and when the Feds are hauling you off, charging you with ten felonies, and approx. 40 years old jail time….how is that misdemeanor the Fed agent is charged with going to stack up in comparison?

    So a veritable life sentence for you, and the Fed, backed by .gov, gets a $25 fine and 20 hours community service?

  7. Stress your imagination a bit Conan, assume the bill passed and rather than focus on a single individual scooped up by the Feds, think of tens of thousands from a single state, or even perhaps a hundred thousand persons. How is that going to work, from the point of view of the enforcing officers?

  8. Poorly, would be my guess.

  9. sdferr,

    Here in Texas, our resident tough guy Mr. Perry, thought he would take on the TSA and their searching of passengers.

    Didn’t work out.

    The Feds can do a work around.

    I don’t see them sweeping thousands. I see them saying come register. Then come turn in. Then time to confiscate.

    Don’t get me wrong, I commend those working on this. But the effectiveness of it all?

  10. What I am trying to say is that incrementalism is their tool.
    I don’t see this as a, time to go round up the tens of thousands.

    So yes, fight Colorado.

  11. I don’t understand what the individual Gov. Perry — even though he be a lawfully empowered individual he is nevertheless but a single man — has to do with the actions of thousands, tens of thousands, possibly hundreds of thousands or even remotely possible a million or many millions of disobedient citizens refusing to surrender their arms or accessories to their arms. Work around sounds kinda like, ah, let’s don’t think too hard about these distant yet possible actualities.

  12. Personally, I’d prefer it if the state law simply enjoined state and local law enforement from assisting in the enforcement of the Federal law.

    Kind of like how TV detectives never care about immigration status.

  13. I don’t see them sweeping thousands. I see them saying come register.

    And if tens of thousands refuse to do so, what will Elmer Fed do? And what will Colorado do, if this bill is made law?

    Incrementalism my left nut — each step has to be enforced or the whole thing collapses. That’s what the bill targets.

  14. ” I see them saying come register.”

    And I see people ignoring it. In droves.

    One estimate is that fewer than 10% of the “assault rifles” in California were registered. I’ve also seen estimates for New York City of something like 40,000 registered weapons, 2 million unregistered ones.

  15. Glenn Reynolds noted this earlier:

    “California authorities are empowered to seize weapons owned by convicted felons and people with mental illness, but staff shortages and funding cuts have left a backlog of more than 19,700 people to disarm, a law enforcement official said Tuesday.”

    And those are real criminals and nutcases —not the polical ones the overclass seeks to create.

  16. The apparatchiks are your neighbors. And you won’t raise a gun to the man with whom you’ve shared a meal.

    If he’s fixin’ to turn me or my family into a slave, and using force to do so, I’ll have no problem achieving the proper elevation.

  17. “The bill’s lack of respect for the supremacy of federal law and federal jurisdiction over states is astonishing,” said state Sen. Pat Steadman, D- Denver.

    There should be a lack of respect for the feds! Hell, there already is a lack of respect for the feds! I honestly can’t understand why we’re not seeing significant pushback from at least a half-dozen states standing up and saying “Hell, no!”

    Ideally, we’ll see a bunch of states stand up together against this sort of federal bullying. Ideally, a bunch of lawmakers in each of those states will refuse to register themselves or their weapons, boast about it on the floors of their legislatures, and dare the feds to come pick them up. Ideally, the showdown between the State Police and National Guard forces, arrayed against the U.S. Marshals and OMGBATFEBBQ Agents will be shown on live TV, where our favorite talking heads can express their astonishment that the states aren’t showing proper respect for the supremacy of Los Federales.

    People accuse me of wanting to see armed insurrection and blood in the streets. They misjudge my motives and desires by a long short. Truth is, more and more I’m coming to believe that the only way we’ll get out of this mess short of chaos and bloodshed is if we can finally prod our sovereign states into insisting that such sovereignty be respected by the Strong Central Authority in Washington.

    The Left is rolling over us because we allow them to. Let the Leftists face a determined foe for a change. We know that their cause is unjust, and built upon a web of deceit. We know that their leaders, no matter how devious or determined they may be, are cowards at heart, as are most of their foot soldiers. But for every year that we wait, they recruit more followers, and convince more people of the righteousness of their crusade for total control. I just pray that some of us make a stand while the numbers are still in our favor, so that this brewing civil war can be ended before it starts in earnest.

    The sheriffs and legislators who are standing up today give me hope that we can push back against this overreach, and perhaps push back against a lot of other overreaching we’ve suffered in the past few decades. And hope is good; I’ll take it wherever I can find it.

  18. You will be shamed in the local paper, not the New York Times.

    I’ve been defamed in classier rags than the NYT. By name.

    And you won’t raise a gun to the man with whom you’ve shared a meal.

    If he’s counting on that, he doesn’t know me as well as he thinks he does.

  19. The first Civil War turned brother against brother and father against son, I don’t think the next one will have a problem with neighbor against neighbor.

  20. “I see them saying come register.”

    And I see people ignoring it. In droves.

    Word.

  21. Why would I bother registering a gun that’s at the bottom of a lake? That would be stupid.

  22. Oh, and when the Feds are hauling you off, charging you with ten felonies, and approx. 40 years old jail time….how is that misdemeanor the Fed agent is charged with going to stack up in comparison?

    Think Ruby Ridge, only instead of the feds murdering the Weavers, the county Sheriff and ten thousand deputies show up and tell the G-men to drop their weapons and put their hands on their heads.

    I’d drive a thousand miles to be one of those deputies…

  23. ot

    On 2016 watch, Paul will be delivering a “major foreign policy speech” on Feb. 6 at the Heritage Foundation here in Washington.

    According to his office, “Sen. Paul’s speech, ‘Restoring the Founders’ Vision of Foreign Policy,’ will discuss his vision of a foreign policy that respects the plain language of our Constitution, the legal powers of Congress and the proper duties of the Commander-in-Chief, as well as outline a platform for which America can better avoid never-ending conflict and protracted commitments.”

    link

  24. Deny the “supremacy” that the leftists who represent our state — and are supposed to represent our interests — wish to grant to the federal government.

    Exactly – they can make their laws, and when none follow or enforce…it would make Prohibition look like something tight and effective in stopping drinking in America (or TWoD stopping people from using MJ).

  25. It’s like the sanctuary city rules, only for something that’s supposed to be legal (gun ownership) instead of something that’s supposed to be illegal (illegal immigration).

  26. Here in Texas, our resident tough guy Mr. Perry, thought he would take on the TSA and their searching of passengers.

    Except that Rick Perry had nothing to do with stopping it.

    Note that the Houston Chronicle endorsed Perry’s Democrat opponent in the last election, so it’s not like they wouldn’t have been happy to tie Perry to either proposing it or stopping it.

    And I’ll take a governor who can produce an actual growing economy while actually taking on EPA, etc.

    Conan and sunny-dee must have attended the same class at the Soros troll academy.

  27. I’ve been defamed in classier rags than the NYT. By name.

    Me too. And I’ve gotten retractions.

  28. Heh. I learned at a very young age that only a very few people’s opinions of me matter — and neither the author of the smear nor the publication that printed it were in that category.

    Nor did those who were, pay any more attention to it than I did, justifying my confidence in them.

  29. Federalist 46: The Influence of the State and Federal Governments Compared

  30. Prediction: First Citizen Roberts the Law Whisperer will look at the AR ban as a TAX that TAXES you ALL of your AR’s and Magazines with more than 10 rounds if you happen to own any. Because magic. And Smart.

  31. SDN: Except that Rick Perry had nothing to do with stopping it.

    Note that the Houston Chronicle endorsed Perry’s Democrat opponent in the last election, so it’s not like they wouldn’t have been happy to tie Perry to either proposing it or stopping it.

    Excuse me, I was recalling off the top of my head, and did not recheck who was exactly behind the idea. You see, I actually live in Texas and absorb some of the news around me rather than always concentrate on every tittle. My mistake.

    And I’ll take a governor who can produce an actual growing economy while actually taking on EPA, etc.

    No No and NO. Rick Perry has not done dick. He has stayed out of the way. The common sense of Texas and her people have created the economic environment here. And plenty of our establishment Repubes have tried to crap it up, but had their feet held to the fire by Texans. No, no politician in this state has created anything.
    Politicians do not produce or create, they can either stay out of the way or destroy.
    Please do not post such crap as that again. All praise goes to the hardworking Texans.


    Conan and sunny-dee must have attended the same class at the Soros troll academy.

    Sunny-dee? Not familiar. I am a post reader, sometimes comment lurker. Jeff is the only or one of the only ones that get the language thing (the Newspeakization of politics, etc.)….. And humour.

    Now on to your shittey claim that I am some Soros troll academy attendee.
    Dickle$$ (or are you a sugar tits? I ain’t looking to discriminate against you, so sugar tits/dickle$$ whatever fits ),
    my blog is achievable through my name on these posts, give it a shot. Ain’t much there other than liberty, sovereignty, and self determination. So kindly go yourself.

    Y’all will have to please excuse my tone. If you wish to baseless slingshot me, then I am going to come back.

    I will buy something in your honor tomorrow SDN when I am at Cabelas.

    -Conan, aka the cousin-humpin, redneck, bitter-clinger, in Texas (Which makes me absolutely the Soros type)…..actually I ain’t cousin humpin, but I do have an irish/coonass wife which probably counts as cousin-humpin.

  32. My blog name is in part a rip off/homage to PW:

    Conan The Cimmerian
    Because It Is Difficult To Link To Others

    Latest post pretty much sums it up.

  33. Drop by the next time you’re in Plano and we can discuss it.

    And I didn’t “baseless slingshot” you; I called you on something incorrect you implied in fairly insulting language. Can’t take the heat, the kitchen door’s right there.

    Oh, and we have too many Soros types in TX; it’s why the mayor of San Antonio was the keynote at the DNC and Austin is known as “Berkeley on the Brazos”.

  34. “No No and NO. Rick Perry has not done dick. He has stayed out of the way.”

    I guess we can agree to disagree, but I will laud Governor Perry for staying the hell out of the way and letting people get on with their lives .

  35. It does seem an almost superhuman achievement for a politician of national stature these days.

  36. I’m likin’ you Conan.

    I sense we’re all making lane-changes these days. It’s good to check-out all our blind-spots before making any lateral moves.

    Keep it up!

  37. God love the PW gang! I know what ya’ll would do in such circumstances and I’d want to be in your corner when it all comes down.

    Take my essay in the spirit in which it’s intended: to stir thoughts about the grave cost of non-compliance. Folks bandy about “what they’ll do” and I have no problem with that, but so few ever count the cost beforehand. It’s best to imagine just such a scenario: local, thuggish LEO’s demanding you to be reasonable, friends and neighbors denying they ever were close to you, if only to save their own skin. People have to mentally prepare to be abandoned or prepared to assemble an organized militia to resist.

  38. People have to mentally prepare to be abandoned or prepared to assemble an organized militia to resist.

    This ties into my rant from the other day. When I say that I keep pouring time and energy into my local causes, it’s not only because I want my neighborhood to be a decent place to raise a family, but because I need to identify and gather together those neighbors I know I can count on.

    I know that we have good cops and bad cops on the force. I’m counting on the notion that, faced with 40 neighbors banded together to protect one another, the good cops will find the courage to tell their nastier brothers that it just ain’t worth going through with the Mayor’s plan. If they’re only facing 4 of us, I fear the “good” guys will just go along to get along.

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