Sheriffs Can Arrest Feds Who Violate Citizens’ Gun Rights, New Missouri County Ordinance SaysThe Second Amendment Preservation Act of Newton County, Missouri, states:
Be it enacted by the Newton County Missouri Commission as follows: All federal acts, laws, orders, rules and regulations passed by the Federal government and specifically any Presidential Administration whether past, present or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States and Article 1, Section 23 of the Missouri Constitution shall be invalid in the county, shall not be recognized by this county, and specifically rejected by this county, and shall be considered null and void and of no effect in this county.
Such acts, laws, orders, rules and regulations include but are not limited to any tax levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services … any registration or tracking of firearms, firearm accessories or ammunition … any act ordering the confiscation of firearms, firearm accessories or ammunition … and finally, any act, whether past, present or future passed by the United States Congress and signed into law by the Federal Government and specifically any Presidential Administration which infringes on the people’s right to keep and bear arms in Newton County, Missouri shall be considered null and void by the county and not recognized by this county.
The law adds: “Any and all federal agents trying to enforce the regulations listed in Section (1) shall be subject to arrest by the Sheriff’s department.”Pretty easy. Take out the Missouri/county-specific stuff and insert Montana RTKBA Constitution language and state of Montana in place of county.
Justification: Amendment 10 of the Bill of Rights - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
To date the Fed have used the Commerce Clause to "manage" firearms.
The Commerce clause, provision of the U.S. Constitution (Article I, Section 8) authorizes Congress
“to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” The commerce clause has traditionally been interpreted both as a grant of positive authority to Congress and as an implied prohibition of state laws and regulations that interfere with or discriminate against interstate commerce (the so-called “dormant” commerce clause). In its positive interpretation the clause serves as the legal foundation of much of the government’s regulatory power.
If some County Sheriffs are wishy washy remind them they're elected by the people, not appointed.
My .02