It has recently come to my attention that Florida is considering a memorial introduced by State Senator Carey Baker (R-Eustis) that urges “Congress to honor the provisions of the Constitution of the United States and United States Supreme Court case law which limit the scope and exercise of federal power.”
I wanted to write and share my support for this resolution that affirms the tenth amendment’s provision that rights not expressly given to the federal government in the Constitution are “reserved to the States respectively, or to the people.”
A number of states have considered similar resolutions, including Montana. Montana considered the Montana Firearms Freedom Act legislation earlier this summer.
However, Montana’s attempt to lay claim to State sovereignty under the tenth amendment via the Montana Firearms Freedom Act, at the same time infringed on the inalienable rights of all Americans granted under the second amendment.
The problem with the Montana bill has to do with the following flawed verbiage limiting the class of firearm a citizen can own. That verbiage is as follows:
Section 5. Exceptions. [Section 4] does not apply to:
(4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device
I am all for the State of Florida (and every State in the Union) exercising their individual State sovereignty granted under the tenth amendment. Just not at the expense of the second amendment! The second amendment does not say "SHALL NOT BE INFRINGED" except if your zip code is x, your standing at y or the type/class of firearm you have or desire to have is z.
The Montana Firearms Act would set a dangerous precedence suggesting the State has the right to infringe upon second amendment rights of an individual of that State by defining which class of arms one can bear. If the State can prohibit class 3 arms, what would stop an attempt by the State to prohibit ALL class weapons?
The second amendment gives all Americans the right to bear arms and neither the Federal nor a State government has the authority to infringe upon those rights. Americans second amendment rights to bear arms SHALL NOT BE INFRINGED!
If the Montana Bill is passed and later upheld by the Supreme Court, it would basically give the State the right to regulate firearms in any way it sees fit.
I strongly urge you to reject any such resolution or legislation similar to the Montana Firearms Freedom Act that would ultimately infringe upon our second amendment rights.
On Friday, July 10th, Alaska Governor Sarah Palin signed House Joint Resolution 27 (HJR27), sponsored by State Rep. Mike Kelly. The resolution “claims sovereignty for the state under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.”
This bill was unanimously passed by the Alaskan House and Senate. Six other states have had both houses of their legislature pass similar resolutions—Tennessee, Idaho, North Dakota, South Dakota, Oklahoma and Louisiana—Alaska joins Tennessee as the second to have such a resolution signed by the Governor.
It is my hope that Florida will follow suit and exert her tenth amendment powers of state sovereignty. Please support the state sovereignty resolution introduced by Senator Baker.
It is also my hope that Florida will steer clear of any sort of legislative verbiage that would prohibit and infringe upon the second amendment rights granted to all Americans.