Quote:
Originally Posted by Seashore
The above comes from the article " Resist DC: A Step-by-Step Plan for Freedom" by State Rep. Matthew Shea (WA-4th). |
Here is the second part of the list of legislation the States need to adopt:
_____________________________________________
Step 2: Erect an impenetrable wall around the County Sheriff and the 2nd Amendment.
As recently stated in the famous Heller opinion by the United States Supreme Court, the right to bear arms “is an individual right protecting against both public and private violence” and “when the able-bodied men of a nation are trained in arms and organized they are better able to resist tyranny.” 4
Thus, it is clear that the 2nd Amendment not only protects the right to self-defense but that right extends to defending oneself against tyranny. As with any historical attempt to establish a dictatorship weapons must be seized or severely regulated. 5
Here is a list of legislation to prevent this from happening, some of which has already been introduced in states around the country:
* Sheriff First
model legislation
* Extension of the Castle Doctrine (right to protection)
sample legislation
* Prohibition of Gun and Ammunition Tracking [see above]
* Firearms Freedom Act
current efforts model legislation
The county Sheriff is the senior law enforcement officer both in terms of rank and legal authority in a county. This comes from a tradition of over 1000 years of Anglo-Saxon common law. Anglo-Saxon communities were typically organized into “shires” consisting of approximately 1000 people. 6
The chief law enforcement officer of the shire was the “reeve” or “reef.” Hence, the modern combination of the two words, as we know them today, “shire reef” or “Sheriff.” 7
Consequently, the Sheriff’s pre-eminent legal authority is well established. This was confirmed in
Printz v. United States. 7 Justice Scalia quotes James Madison who wrote in
Federalist 39:
“In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere.”9
Sheriff 1st legislation would formally declare that all federal agents and officers must give notice of, and seek permission before, any arrest, search, or seizure occurs. Thus, federal agents and officers seeking to enforce unconstitutional laws must go through the county Sheriff first.
Extending the castle doctrine to one’s person would go a long way toward eliminating the arbitrary “no carry” areas. Like Virginia Tech, it is these areas where guns for self-defense are most needed.
Many gun and ammunition tracking schemes have been, and are still being, attempted. The intended purpose of “reducing gun related” crime is never realized. Instead, law-abiding citizens are punished with regulatory burdens and fees. Quite simply we need transparency in government not in the people.
Montana started the firearms freedom act to rein in the
federal government’s use of the Commerce Clause to regulate everything within the stream of commerce. The original intent of the Commerce Clause was to regulate commerce between states not within states as Professor Rob Natelson points out in his 2007
Montana Law Review article.10
The Montana FFA simply returns to that original understanding regarding firearms made, sold, and kept within a state’s borders.
This list is by no means exhaustive. However, it does contain some immediate steps that can be taken toward freedom and restoring our God honoring Constitutional Republic. Hitler’s laws of January 30 and February 14, 1934, should serve as a stark reminder of what happens when state sovereignty is abolished.
In the coming few weeks I will publish the next part of the plan.
Matthew Shea
send him email is a State Representative in Washington’s 4th District. He’s the author of HJM4009 for State Sovereignty. Visit his
website.
Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.
**********************************************
The more I read and listen and watch from this website, the more I realize the potential here to save our republic through the states.
