Utah steps up to prevent federal encroachment on 2nd Amendment rights…sort of

by Doug Book,  staff writer

Can state lawmakers legally fine federal officials, even toss them in jail should they attempt to impose Barack Obama’s agenda of gun bans and confiscation on the American people?

Many remember video of lawless New Orleans police as they travelled door to door in the aftermath of Katrina, throwing law abiding citizens to the ground, confiscating their firearms and rendering individuals defenseless at a time when self-defense was all that would separate honest citizens from roving bands of thugs and looters. Such was the outrage of the American public that one year later, the State of Louisiana joined federal lawmakers in banning the confiscation of firearms during declared “emergencies.” (1)

Today, more than a dozen states have “…proposed legislation to either jail federal officials who violate the second amendment or to nullify federal laws to control guns within state borders.” The list of states joining these efforts continues to grow.  (2)

But in Utah of all places, the Republican Chair of the House Judiciary Committee refused to allow such legislation to go forward.  HB 114 was twice “dropped from the agenda” by chairman Kay Mclff as he expressed concern that the “2nd Amendment Preservation Act” might be unconstitutional.

The preamble of the Act “…provides that any federal action that attempts to impose limitations on firearms contrary to the Second Amendment of the Constitution of the United States, or the Constitution or laws of the State of Utah, is unenforceable in this state.”  Seems pretty straightforward—no unconstitutional gun laws will be enforced in Utah!  But House legislative staff convinced Mclff that the Constitution’s Supremacy Clause must automatically render any such statute unconstitutional. (3)

Had the timid Mclff not thrown in the towel before the battle was engaged he might have understood that only “th[e] Constitution, and the Laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.” (4)

In short, only laws which are made consistent with the powers specially granted the government in the Constitution may be considered “supreme” and therefore take precedence over state statute. Federal laws which infringe on the right to keep and bear arms are clearly not “made in pursuance of” a Constitution which states that the right to keep and bear arms shall NOT be infringed! Obviously such legislation is unconstitutional on its face and may play no part in the Supremacy Clause.

Well on Friday, the Republican committee chair at last permitted a vote on HB 114 and to no one’s surprise it passed 49-17. The Act now travels to the state senate where Republican Senate President Wayne Neiderhauser promises “…to be very cautious with the bill.” (5)

Prior to allowing Friday’s House vote, Kay Mclff made it clear he was loathe to waste money fighting for the 2nd Amendment rights of Utah residents. After all, a suit by the Obama Regime would make for an expensive battle in court. And now, another Republican leader pledges “caution.” 

The people of Utah turned out in droves to offer support for the 2nd Amendment Preservation Act, “…reminding committee members of the right to keep and bear arms and the obligation they have to protect that right from the federal government.” (3) Yet Republican leaders in the Republican controlled Utah State Legislature are frightened to death at the thought of fighting for rights which the Founders considered unalienable; God given; rights “which cannot be given away or taken away.” (6)

Americans are primed and ready for a fight with the Democrat Party and its gun grabbing Mufti, Barack Obama. Squeamish Republican “leaders” must NOT fritter away through cowardice the rights which God gave the American people.


2nd Amendment Preservation Act: http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/

HB 114: http://le.utah.gov/~2013/bills/static/HB0114.html

(1) http://www.pewstates.org/projects/stateline/headlines/katrina-inspires-bans-on-gun-seizures-85899386883

(2) http://www.saveamericafoundation.com/2013/01/21/twelve-states-to-jail-feds-who-violate-the-2nd-amendment-or-nullify-federal-gun-control-laws/

(3) http://www.thenewamerican.com/usnews/constitution/item/14627-utah-second-amendment-preservation-act-blocked-by-committee-chairman

(4) http://tenthamendmentcenter.com/2013/02/20/the-second-amendment-preservation-act-is-constitutional/

(5) http://www.sltrib.com/sltrib/politics/55973771-90/federal-bill-greene-state.html.csp

(6) http://www.ushistory.org/declaration/unalienable.htm

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One thought on “Utah steps up to prevent federal encroachment on 2nd Amendment rights…sort of”

  1. No one has the right to tamper with Our Rights. No one. Not even high and mighty Obama! All who do so are unconstitutional and Un American. States must reclaim their supremacy. We do not have to obey any garbage that spews from Washington.. The people obeyed Hitler, Mussolini, Stalin, Castro and all the other enemies of mankind and look what happened to them. We must refuse to comply with the anti American Democrats and all who support them.

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