PA Bill Gives Finger To Obama
The Market Ticker ® - Commentary on The Capital Markets
Posted 2013-01-30 08:14
by Karl Denninger
in 2ndAmendment
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PA Bill Gives Finger To Obama
 

Now this is good legislation!  It's short, concise, to the point and leaves exactly nothing to interpretation.

Providing that any Federal law which attempts to register, restrict or ban a firearm or to limit the size of a magazine of a firearm in this Commonwealth shall be unenforceable in this Commonwealth; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Right to Bear Arms Protection Act.

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Firearm accessory." An item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of a firearm.

Section 3. Federal law relating to firearms, accessories and ammunition.

(a) Enforceability.--A Federal law, rule, regulation or order created or taking effect after December 31, 2012, shall be unenforceable within the borders of this Commonwealth if the law, rule, regulation or order attempts to register, restrict or ban the ownership or purchase of a firearm, magazine of a firearm, firearm accessory or ammunition.

(b) Federal agent.--An official, agent or employee of the Federal Government, Commonwealth or political subdivision who enforces or attempts to enforce a Federal law under subsection (a) commits a felony of the third degree and, upon conviction, shall be subject to imprisonment for not less than one year or more than seven years, a fine of not more than $15,000, or both.

The Attorney General shall prosecute violations of this section.

Section 4. Duty of Attorney General.

The Attorney General shall defend a resident of this Commonwealth who is prosecuted by the Federal Government for a violation of Federal law under section 3(a) that attempts to register, restrict or ban the ownership or purchase of a firearm, magazine of a firearm, firearm accessory or ammunition that is retained in this Commonwealth.

Section 20. Effective date.

This act shall take effect in 60 days.

Note the word shall spread throughout.

The bill has 54 sponsors if I'm counting correctly.

Good luck, Herr Obama/Biden.

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User Info PA Bill Gives Finger To Obama in forum [Market-Ticker]
Edheler
Posts: 13
Incept: 2009-08-27

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Even better, since it is a felony it opens up the possibility of citizens making citizens arrests of federal officials trying to enforce said legislation.
Frat
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Looks like my State Rep needs an email this morning ...

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Ck_dexter
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the south parlor
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Excellent. Now if we could just privatize the liquor stores...

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Rvacha
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Excellent!

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"I suggest you panic." - Hugh Hendry
Stonedog
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Sounds good, though not to nitpick - there isn't an "or else" clause in the bill as what the consequences would be if the attorney general for PA fails to follow this law.

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Crzymorse
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I have a feeling they are not going to get the other 48 votes they need to pass this bill. This will turnout to be another wingnut Republican story for the Daily Show to take a dump on.


Drench
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If it is enacted and the federal courts rule against it due to federal supremacy, then we'll see what happens in Pennsylvania. Rural New Yorkers sound annoyed on NPR this morning, but being annoyed is not the same as defending your rights.
Otiswild
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Quote:
(a) Enforceability.--AAny Federal law, rule, regulation or order created or taking effect after December 31, 2012, shall be unenforceable within the borders of this Commonwealth if the law, rule, regulation or order attempts to register, restrict or ban the ownership or purchase of a firearm, magazine of a firearm, firearm accessory or ammunition.


Fixed.
Ktrosper
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wrote..
there isn't an "or else"
Yep, I noticed that too.

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Bertdilbert
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This is actually great economic policy as people will move to state protecting gun rights increasing economic prosperity, while leaving a void in others. This will make little Americas within the USA and people will go to the Americas to escape tyranny.

For those crying that we should only be allowed Muskets, please remember that the Redcoats first job was to dig up the cannon that were buried to keep them from being confiscated! That would insinuate that we should be allowed unlimited caliber, amongst other things.

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Uwe
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They had some pretty big muskets back then:

inline

-Uwe-

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“Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” - John Locke
Landshark
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Quote:
For those crying that we should only be allowed Muskets, please remember that the Redcoats first job was to dig up the cannon that were buried to keep them from being confiscated! That would insinuate that we should be allowed unlimited caliber, amongst other things.


Yes, absolutely. Think for a second about why you're not allowed to own a fully-automatic rifle.

Why are you able to own a tank only so long as it cannot fire ordinance through the main gun?

Why are you able to own a WWII B-17 only so long as it is rendered unable to carry and drop ordinance?

These laws and others like it exist not to protect civilians, but to protect the government from civilians.

Several who signed the Declaration had their own battleships to protect their merchant fleets. These came in quite handy when the shooting started.

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Mortgageguymn
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Like Arizona's SB1070, this could be struck down by the Supreme Court, on the theory that the power to eviscerate our constitutional rights rests solely with the national government.
Genesis
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The problem is that the USSC might have some trouble enforcing their decision....

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What part of "shall not be infringed" was unclear?
Wearedoomed
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Yeah, I'd love to see the states pull an Andrew Jackson.

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Iou
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What are the chances this passes?

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Genesis
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Given 50 sponsors, pretty good.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Avianphlu
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Uwe, that sign could be Huguenot Street in New Paltz NY. The town I grew up in. Quite the history with them.


Huguenot immigrants founded New Paltz, New York. They built what is now the oldest street in the current United States of America with the original stone houses, which is a National Historic Landmark District. They also founded New Rochelle (named after La Rochelle in France), New York. Louis DuBois, son of Chretien DuBois, was one of the original Huguenot settlers in this area,[40] along with the Daniel Perrin family. In 1692 Huguenots settled on the south shore of Staten Island, New York. The present-day neighbourhood of Huguenot was named for those early settlers. A town near Port Jervis, New York is named Huguenot.

Reason: .
Tman2
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Karl,

There are 203 reps in PA, so 25% their to get them all...of course 102 would get the job done.
Genesis
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Correct; you only need 50% + 1.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Pel
Posts: 653
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Texas
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This looks like nullification, on its face. I don't see SCOTUS ruling in favor of this thing.

Hell, I doubt they'd even grant certiorari when (not if, but when) a lower court rejects an appeal.

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Comrader
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karl, don't look for hope in pa. i have lived here all my life, i've been very vocal about my beleifs with neighbors and family. i would have bet most agreed more or less with me. at christmas dinner my conservative family of app. 50 was happy to admit that they voted for oboma 45 to 5. they all love the health care, after all they read the unbaised annenburg report passed around by a sister and costs will go down and we will all have care. most of the talk was that no one needs an assult rifle. this is conservative central pa. i had to go outside, i had no clue that my own family was this far gone
Jack_crabb
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Ummmm, Comrader, I hate to be the one to give you the news, but if your family voted 45 to 5 for Obama, they are most certainly NOT conservative. And if they honestly believe that Obamacare will be good for them, you need to divorce that family posthaste.

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Molon Labe

Where is Henry Bowman when you need him?
Comrader
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pa
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jack crabb, i won't have to divorce them, after christmas they don't talk to me, i found out i always was the crazy uncle.
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