Senate Judiciary Committee advances unconstitutional ‘nullification’ of federal gun laws

Posted by AzBlueMeanie:

AZConfederacyThe Senate Judiciary Committee on Monday advanced SB 1294 (.pdf), the gun worshipers' wet dream, sponsored by the Neo-Confederate "interposition, nullification and secession" caucus (Ward, Burgess, Crandell, D. Farnsworth, Borelli, Gowan, Mitchell, Seel, Thorpe, Barton, Kwasman. Livingston, and Petersen).

This gun worshiper's wet dream "Declares federal law that violates the Second Amendment invalid and void in Arizona and prohibits state and local enforcement of federal firearm laws within the state."Howard Fischer reports, Senate panel moves forward on broad gun legislation:

State lawmakers sent a warning Monday to local officials: Do anything to help the federal government enforce its guns laws and find yourself out on the street.

The legislation approved on a 6-3 vote by the Senate Judiciary Committee declares that all federal acts, laws, orders, rules and regulations that violate the “true meaning and intent of the Second Amendment are invalid and void in this state.” SB 1294 also forbids the use of state personnel or resources to enforce those rules.

But the measure also says any agent or employee of the state or local government who knowingly violates the law “is deemed to have resigned any commission” the person possesses and is “forever after ineligible to hold any office of trust, honor or emolument under the laws of this state.”

Sen. Kelli Ward, R-Lake Havasu City, said that could even extend to members of a city council and local employees who do anything at all to help enforce federal laws. The legislation says any local government that helps the feds loses all of its state aid.

This Tenther nut, of course, means the City of Tucson and city councilman Steve Kozachik in particular. Apparently this Tenther nut is unaware that public employees, and duly elected government officials, have a constitutional property interest in their job under the law and are entitled to due process of law in any termination proceeding. They cannot simply be "deemed to have resigned" every time some gun worshiper gets a wild hair up their ass and starts screaming that his or her Second Amendment rights have been violated. That is for the courts to decide. This is still America damnit!

Batshit1I warned you about this Tenther nut, Sen. Kelli Ward (R-Lake Havasu City), late last year. 'Tenther' Sen. Kelli Ward to push the so-called 2nd Amendment Protection Act again. She is a tool of the far-right Tenth Amendment Center, a promoter of the long discredited and unconstitutional theory of "nullification." These are the wingnuts who choose to ignore the Supremacy Clause, Article 6, Clause 2 of the U.S. Constitution, and the post-Civil War 14th Amendment putting an end to "interposition, nullification and secession" forever. These Neo-Confederate dead-enders want to relitigate the Civil War.

As I pointed out on Sunday, the bill language "suggests that some entity other than the judiciary — ultimately the U.S. Supreme Court — will decide what is in violation of the Second Amendment because otherwise, what is the point of this bill? If the courts have struck down a law, it is not enforced. Duh!"

Sen. Steve Gallardo (D-Phoenix) raised the question as to exactly who gets to interpret the true intent of the Second Amendment. Howard Fischer reports:

“I believe the Constitution is as written,” Ward said.

“It says in the Second Amendment that the right of the people to keep and bear arms shall not be infringed,'' Ward continued. “And the definition of ‘infringed’ is to act as to limit or undermine or encroach on something.”

Ward said there would be “due process” for any official accused of violating the Second Amendment, with judicial protections.

Riiiight. Your bill does not do this. Wait for it

[Ward] also told Capitol Media Services that did not mean absolute deference to state or federal courts as to what is “constitutional.” Ward said the meaning of the Second Amendment has to be “as defined by the Constitution.”

I think every individual interprets the Constitution,” she said.

“It has been left to the judiciary at times,” Ward continued. “However, when the judiciary is wrong it's up to state legislators to come forward with bills that potentially can nullify any kind of federal infringement on Second Amendment rights.”

Ward acknowledged people have been debating the “true meaning and intent” of the Second Amendment for years, as has the U.S. Supreme Court.

It's been misinterpreted many times by the court,” she said.

If you are confused, it is because you are not a Tenther nut like Sen. Ward, who appears to be an adherent of the Sovereign Citizens Movement, a movement of far-right extremists who believe that they are a law unto themselves and are not answerable to any governmental entity.

Here's my favorite part of Howard Fischer's report:

“That's why the state legislators have to stand up and have to take on unconstitutional ‘laws,’”' Ward continued. “Because whenever laws are passed that are unconstitutional, they aren't actually laws.”

Should SB 1294 ever be enacted by the legislature and signed by the governor, it will be struck down as unconstitutional by the courts. Sen. Ward will not be saying her bill "isn't actually a law" then, oh no. She will be screaming the court has misinterpreted her law, and only this sovereing citizen's interpretation of the law is correct!

For the love of God people, this crazy woman has no business serving in the Arizona legislature. She has got to go!

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