State Joins National Effort To Limit Federal Powers
But Feds Vow To Fight Against Proposed New Freedoms
Citizen Civil Rights Improve At Local Level
by Alan Korwin, Author
The Arizona Gun Owner's Guide
PERMISSION TO CIRCULATE GLADLY GRANTED
1- Preemption Law Overhauled
2- Firearms Freedom Act Passes
3- Arizona Tea Party April 15
4- Million Gun March on State Capitol April 19
5- Opportunity to improve the gun laws further
1- PREEMPTION LAW OVERHAULED (HB 2543)
1- PREEMPTION LAW OVERHAULED (HB 2543)
The Arizona state legislature claims jurisdiction over gun laws statewide,
"preempting" activity in this field by all other government entities, such
as cities, counties, districts, towns, police departments and more.
Governor Brewer signed House Bill 2543 on April 5 strengthening the
preemption law against local abuses.
This repeals the controversial and unpopular ban on general possession of
firearms in small parks (under one-square-mile in size, and including
developed areas in larger parks), enforceable at a locality's option.
Previously, only persons with plastic-coated government permission slips
known as "CCW permits" were able to exercise their right to keep and bear
arms in such areas, at local discretion. The freedom to arms has now been
fully restored for the general public in these parks. Many of the parks are
known to be dangerous places, especially at night. Laws against criminal
possession of firearms, widely criticized as poorly enforced, remain in
Despite state legislative intent to preclude virtually all other firearm
ordinances and rule making, local authorities have been creative in
circumventing the law and subjecting the public to a variety of often
unknowable or self-contradictory rules limiting the civil right to keep and
bear arms. Those loopholes seem tightly sealed off under the new
Denial of civil rights is a serious federal offense. However, protective
federal laws have not been enforced against the people and localities
responsible for restricting Second Amendment rights in the past. The new
law is expected to limit future abuses.
Subtle but important, the main changes identified below will have little
direct effect on most average armed citizens, but will prevent authorities
where they live from future attacks on the right to keep and bear arms.
Preemption restrictions against local gun regulation currently include
transport, possession, carry, sale or transfer of firearms, ammunition or
components. Added to the list are bans on regulating purchase, acquisition,
gift, devise, storage, licensing, registration or discharge of firearms,
and firearm accessories are added to the lists. The details of the list
reflect the depth to which localities have tried to impose their will on
the rights of the public, and sidestep the intent of the legislature.
Control of officials and local bureaucrats, and defense of liberties seems
to be a never ending struggle, according to rights activists familiar with
Arizona became the sixth state in the Union to enact the Firearms Freedom
Act, a law designed to test and curtail federal powers that some experts
say are growing without effective limits. Under the new law, originally
drafted and enacted in Montana, firearms manufactured exclusively in
Arizona and which do not leave the state are not subject to federal
The state actions represent a direct Tenth Amendment challenge to federal
power. At latest count 20 states have proposed similar bills and four more
are considering them. In addition, Tennessee, Utah, Wyoming and South
Dakota have already enacted such bills. http://firearmsfreedomact.com
Congress has for decades relied on its powers under the Interstate
Commerce Clause to claim control over virtually any aspect of human
activity it chooses, and most gun laws since the Gun Control Act of 1968
fall under this rubric. The new Arizona law proposes that a product made
entirely within a state has no nexus to interstate commerce and is thus
immune to federal reach.
Federal authorities have already insisted that such completely intra-state
activities (actions solely within a state) fall within their inter-state
jurisdiction (actions across state lines), and have threatened anyone who
defies this claim.
In an open letter to gun dealers in Montana and Tennessee, the first
states to enact the bills, the controversial federal Alcohol, Tobacco,
Firearms and Explosives agency warned against obeying the state law under
threat of federal penalties and imprisonment. A lawsuit challenging the
threat, filed by Montana against attorney general Eric Holder, is under
The lawsuit makes arguments related to those in the new Obama
healthcare-takeover lawsuits, which the Supreme Court already recognized in
the Lopez gun case in 1995. Specifically, the Tenth Amendment reserves all
powers not delegated to the federal government nor forbidden to the states,
to the states respectively, or to the people. The Constitution grants no
powers to Congress to regulate healthcare, intra-state activity of any
kind, or for that matter, firearms, education, energy management, home
mortgages, student loans, car manufacturing, Edison-style incandescent
lightbulbs, flush toilets or numerous other adventures the federal
government has taken upon itself without apparent authority.
Originally, the Commerce Clause was drafted in the late 1700s to prevent
states from restricting trade by imposing tariffs on each others' goods
passing through. The Articles of Confederation could not control the mess
that ensued, and the new Constitution put an effective stop to the
bickering and restraints of trade. Beginning with the New Deal however, FDR
and the Supreme Court began applying that clause to give the federal
government vast new powers it had never had.
According to leading experts, that led directly to the massive expansion
we see today and virtually unlimited encroachment into every facet of
modern life. The lid blew off completely in the famous 1942 Wickard v.
Filburn case, in which the High Court decided that an Ohio farmer growing
wheat on his own land to feed his chickens affected interstate commerce,
since he did not need to buy interstate wheat.
Called outrageous by critics, it removed virtually any restraints on
Congress and completed FDR's powers to take over vast segments of the U.S.
economy, a trend that continues to this day. FDR had threatened to "pack"
the Court with extra men of his own choosing to control the High Court. Up
until that time, the Court had repeatedly refused to endorse FDR's
unprecedented reaches for Commerce-Clause power over the states. The Court
finally caved in to those demands to preserve its "integrity." The Firearms
Freedom Act is a broad-based national effort to rein in that unbridled
power, and restore the Commerce Clause to its original intent.
The new Arizona law will have little immediate effect on the average gun
owner. The bill's proponents strongly advise AGAINST opening up your own
gun-making shop in your basement, believing yourself free of federal
constraints. Without a carefully structured case, strong legal team,
complex strategy and significant financial backing, the feds will crush
such a "wildcat" attempt, imprison the entrepreneur and set precedent that
will empower themselves at the expense of the nation at large.
The bill, signed on April 5, will take effect 90 days after the state
legislature closes, or approximately in September.
The feds have vast resources funded with tax dollars with which to attack
the new laws, the lawsuits and especially the manufacturing tests being
planned in Montana. The Montana lawsuit is joined by prominent pro-rights
lobbying groups and has a structure and plan not about to be revealed in
news releases to a sometimes hostile press, according to people close to
the main actors.
3- TAX DAY TEA PARTY
The biggest Tea Party in the state is scheduled for Tempe Diablo Stadium
on Tax Day, April 15, from 4:30 p.m. to 8:30 p.m. I will be attending and
available for book signing, tremendous list of famous speakers, still time
to rent an exhibit table for only $40, loads of exhibits already scheduled,
bring your signs, don't miss it. Details
4- ARIZONA MILLION GUN MARCH
The Million Gun March on Washington D.C. (now "The Second Amendment
March," since D.C. bans virtually any civilian gun possession in public)
will be matched with the ARIZONA MILLION GUN MARCH. I plan to attend.
April 19, 1700 W. Washington in Phoenix (State Capitol lawn), High Noon to
2 p.m. What I hear is that a lot of people are planning to take their
safely holstered sidearms out for a walk to the state capitol from High
Noon to 2 p.m. No one is organizing this thing, it's pure grass roots, no
speechifying, no sound stage, just brown bag lunches on the lawn, beach
blankets and chairs, lots of homemade signs and pitchforks. Details:
You can also catch me at the biggest gun show in the state,
The Crossroads of the West gun show at the Phoenix Fairgrounds,
all day April 24 and 25, discount coupons and details:
And don't miss the Arizona State Rifle and Pistol Association Annual
Meeting, featuring keynote speaker Alan Gottlieb, head of the Second
Amendment Foundation, on May 1 at Embassy Suites on Greenway just east of
I-17, doors open at 4 p.m., dinner, mix and mingle, superb auction. ASRPA
is the state's oldest gun-rights group, http://www.asrpa.com.
5- BIGGEST GUN LAW OF THE YEAR
The BIGGEST GUN LAW OF THE YEAR is still pending in the state House, SB
1108 (HB 2347 striker), the true Freedom To Carry Law, also known as
Constitutional Carry. YOU can help get it enacted. This is your chance to
make Arizona a beacon state for the nation. Do you want to DO something, or
just gripe? I say act. If you have not sent your letter to your
Representatives, there is still time. Your letter is waiting for you at
AzCDL's Action Center:
AzCDL is where the rubber meets the road for your local gun rights.
If you want to get legislative news as it happens, follow AzCDL on
Twitter: http://twitter.com/AzCDL_Alerts. AzCDL "tweets" from the Capitol
with committee votes and breaking news as it happens.
You can also follow AzCDL on Facebook: http://tinyurl.com/FacebookAzCDL.
AzCDL's Political Action Committee (PAC) is also on Facebook:
The Arizona Citizens Defense League (AzCDL) is an all volunteer,
non-profit, non-partisan grassroots organization. Join today!
AzCDL ö Protecting Your Freedom
6- GUN BUY UP OPPORTUNITY
Note that a misguided police-sponsored gun buy is scheduled this month.
Typically, people turn in rusted old trash in exchange for food gift cards
(now reduced to $50 each while supplies last, so you can imagine the
garbage that is turned in). Despite this, "news" media typically report
such an event as a wonderful crime-reduction measure and glorious work on
the part of government officials, instead of the worthless publicity stunt
and photo opp it is.
Savvy Arizonans visit the buy up centers, to cherry pick any worthwhile
merchandise for private purchase before police get their hands on it. Old
junk tuned in is supposed to be smelted. Rumors abound as to what happens
to fine firearms that occasionally show up from people who don't realize,
as the police obviously do, the value of the guns. Since $50 is the offered
prize, any cash offering over that has obvious appeal to the public duped
by the buy up (inaccurately called a "buy back" by police and the media --
you can't buy back something you didn't originally own). Check it out:
Phoenix Police Departmentâs Anonymous Gun Buy-Back
Saturday, April 24 11 a.m. to 2 p.m.
Lynnhaven Community Church
4426 N. 31st Ave. in Phoenix (31st Ave. north of Indian School Rd.)
Orangewood Nazarene Church
7510 N. 27th Ave. in Phoenix (27th Ave. north of Glendale Ave.)
6- Do you want to help continue the gunlaws.com reports, the defense of
your rights, and increased controls on government abuse and usurpation of
power? Then look here: http://www.gunlaws.com/books.htm
Thanks for reading.
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