South Dakota passes Firearms freedom act

[Guest musiccitymadman]

Montana and Tennessee have already passed this outstanding legislation, and South Dakota is the 19th state to introduce it this year.

SB 89 simply ensures that firearms manufactured and sold in South Dakota are NOT subject to the unconstitutional restrictions pushed by the gun control zealots in Washington, D.C.

This is vital legislation to protect the 2nd Amendment, along with the 9th and 10th Amendments. Passed march 3 2010

[trblmkr13]

I am still waiting to see it tested

[Guest bkelm18]

Not sure about Montana's, but TN's version is worthless. It has no teeth. I'd sure hate to be the test case on it.

[Garufa]

It's been discussed, and I don't know a thing about Montana, but the ATF sent a clear warning to TN about this. In other words..."just try it".

[Guest musiccitymadman]

I agree but these are steps in the right direction by individual states to take back our freedoms from Big Brother

[Garufa]

I agree but these are steps in the right direction by individual states to take back our freedoms from Big Brother

It is a meager step in the right direction and will most likely go no further. Until the states are weened of the federal teet (or tit if that works) here's how the game is played: if Washington doesn't like the way the states behave, they withhold federal $. Every state receives those $. See what I mean?

[TMMT]

Ya know, I've always been curious about this for several reasons.

First what if all 50 states, or lets just say 40 to 45 of the 50 passed such laws.

Federal Law Enforcement Officers derive their powers of arrest thru state laws, not federal laws. States specifically passed laws allowing F LEO's, powers to arrest for crimes and serve federal search warrants within their states.

Honestly I think the only place federal LEO's have absolute police powers are on Indian Reservations and other such places...

Whats stopping the states from just passing legislation repealing (or amending existing legislation) limiting those powers to exclude firearms, ammo and firearm related devices regulated under the state laws?

The feds are not the absolute authority as they would have us to believe. Infact, Constitutionally speaking A Sheriff and Deputy Sheriff have the most authority inside of the state. They have the powers of arrest given to a state constitutionally elected officer (The Sheriff) as well as having authority to enforce any lawful local law or ordinance in the jurisdiction where they observe it being violated.

All they have to do is arrest and deliver the prisoner before a County Magistrate who can exercise venue over the crime.

[redfsr]

Federal law enforcement officers don't derive their arrest powers from state laws. I've seen that posted before and I don't know where that came from but it isn't true. They get their power to arrest for crimes against laws of the United States penal code from the federal government. Each agency has their own statute of authority. Some states give federal agents peace officer status and some don't. What that means is they have the power to arrest for misdemeanor crimes that fall under the state laws and not federal laws. FYI, TN gave federal agents peace officer status however, I doubt you'll see any federal agents out writing traffic tickets and making misdemeanor arrests.

The following is a reference from wikipedia but summarizes where the ATF gets their authority:

"......Special Agents are empowered to conduct criminal investigations, defend the United States against international and domestic terrorism, and work with state and local police officers to reduce violent crime on a national level. ATF Special Agents have some of the broadest authority of any federal agency; 18 U.S.C. § 3051 empowers them to enforce any statute in the United States Code. Specifically, ATF special agents have lead investigative authority on any federal crime committed with a firearm or explosive, as well as investigative authority over regulatory referrals and Cigarette smuggling. ATF special agents also often enforce violations of the Uniformed Controlled Substances Act, and have the statutory authority to conduct narcotics cases independently of the Drug Enforcement Administration or any other agency......"

Edited March 7, 2010 by redfsr

[DaveTN]

Federal Law Enforcement Officers derive their powers of arrest thru state laws, not federal laws.

I could be wrong but I disagree also.

Federal powers of arrest come from Federal Statute, not state law.

Of course, a state could refuse to enforce any Federal law they choose. But that does not protect someone that is the custody of federal agents.

Once you were taken into custody on Federal weapons charges charge there would be nothing the state could do to protect you.

<O:p</O:p

Without going into a lot of detail I will offer this example of the Feds controlling the powers of arrest (on federal charges) of a local Sherriff.

Washington Times Mobile

[Chief07]

This will be tested. Wyoming put teeth in theirs. It states any federal agent that attempts to arrest, confiscate firearms or ammo stamped "Made in Wyoming" under the commerse clause will be subject to arrest and minimum 2 years jail time.

The other states need to put language to that affect in their laws also.

They did not get a reply for Washington yet.

We will have to wait and see............

[redfsr]

The interesting thing is, under current federal law, if a firearm or ammunition was manufactured in a state and never left the state for any reason, the federal govt. has no jurisdiction over it for most federal gun crimes except for possessing a firearm in furtherance of a drug crime. For instance, if a convicted felon gets caught with a Glock in GA, the govt. has to prove the gun left GA and affected interstate commerce.

There are some other crimes where when firearms are involved there isn't a need for interstate nexus but I can't remember all of them.

Edited March 8, 2010 by redfsr

[1gewehr]

Here is the status of the Montana FFA lawsuit:

Firearms Freedom Act Feds Respond to Firearms Freedom Act Lawsuit

So far, TN, MT, WY, UT, and SD have all passed a Firearms Freedom Act. There are another 20 states that have introduced it in the legislature. If you think the Feds aren't taking this seriously, you are very mistaken!

[Guest SUNTZU]

It is a meager step in the right direction and will most likely go no further. Until the states are weened of the federal teet (or tit if that works) here's how the game is played: if Washington doesn't like the way the states behave, they withhold federal $. Every state receives those $. See what I mean?

Where do they get this money?