A 2nd Amendment Resolution for the StatesSubmitted by nkanihan on Wed, 01/16/2013 - 12:03
The general resolution below was taken from the article posted by VOTS on the DP regarding the resolution introduced by South Carolina respresentative Tom Davis. I have added a few more sections to the resolution. The purpose of this article is to spark discussion and motivate others to get involved at the state level and help promote laws that protect us from executive orders. If you do not agree with the way this is written then please create your own and post it. My favorite is section 3..
COPY AND PASTE THIS, FILL IN YOUR STATES NAME AND SEND IT TO YOUR REPRESENTATIVE AS SOON AS POSSIBLE.
A JOINT RESOLUTION
TO NULLIFY IN THE STATE OF _____________ ANY PRESIDENTIAL EXECUTIVE ORDER RESTRICTING, ABRIDGING, OR OTHERWISE INFRINGING UPON A CITIZEN'S SECOND AMENDMENT RIGHT TO KEEP AND BEAR ARMS.
Whereas, the Second Amendment to the United States Constitution states that "the right of the people to keep and bear arms, shall not be infringed"; and
Whereas, in the landmark case of the District of Columbia v. Heller, the United States Supreme Court held that the Second Amendment protects the individual right of each citizen to keep and bear arms; and
Whereas, the President of the United States may issue executive orders to direct and manage the operation of the executive branch of the federal government; and
Whereas, executive orders issued by the President may not exceed his constitutional authority or stand in violation of any legislation passed by Congress, and Congress retains the power to overturn executive orders; and
Whereas, the President of the United States has threatened to issue an executive order related to the restriction of the free exercise of the Second Amendment by the citizens of the United States; and
Whereas, an executive order to restrict, abridge, or otherwise infringe upon the free exercise of the Second Amendment by the citizens of the United States exceeds the President's constitutional authority and is therefore void ab initio. Now, therefore,
Be it enacted by the General Assembly of the State of _____________:
SECTION 1. Any federal executive order restricting, abridging, or otherwise infringing upon the free exercise of a citizen's second amendment right to keep and bear arms is unconstitutional and shall not be enforced by any federal, state, or local law enforcement agency within _______________.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
SECTION 3. This includes any federal, state, or local law enforcement agency or private agent employed by a corporation, limited liability company (LLC), private security entity, national entity, international entity, including but not limited to: United States Army, United States Marine Corps, United States Navy, United States Air Force, United States Coast Guard, Army National Guard of the United States, Army Reserve, Marine Corps Reserve, Naval Reserve, Air National Guard of the United States, Air Force Reserve, Coast Guard Reserve, Cadets, United States Military Academy Midshipmen, United States Naval Academy Cadets, United States Air Force, Academy Cadets, United States Coast Guard Academy, Midshipmen, United States Merchant Marine Academy, Central Intelligence Agency, Federal Beurau of Investigation, Department of Ecenomic Security, Department of Homeland Security or any entity created under the National Defense Authorization Act (NDAA), Patriot Act, Stop Online Piracy Act (SOPA), Protect IP Act (PIPA).
SECTION 4. Any agent, employee, volunteer or person described in SECTION 3 found guilty of violating the abovementioned resolution in the state of ____________ by a jury of peers could face a minimum fine of $50,000.00 and/or a minumum prison sentence of 2 years, maximum 5 years. Any agent, employee, volunteer or person described in SECTION 3 found guilty of violating the abovementioned resolution in the state of __________ by a jury of peers may at the descretion of the court be barred from entering the state of ____________ for a maximum of 10 years.
SECTION 5. Any state representative found guilty of amending, overturning or removing the abovementioned resolution will be immidiatly removed from office and prosecuted to the fullest extent of the law described in SECTION(s) 1-4 of this resolution and may not run for political office in the state of ______________ for 25 years. This includes all branches of government in the state of _______________ from the position of Precinct Committeman to the office of the Governor.
SECTION 6. The Governor of the state of ____________ may call on the ___________ National Guard and/or state militia to enforce this resolution.