Rep. Pitts Introduces Binding Gun Rights Law

February 4, 2010 by  
Filed under SC Politics

On February 2nd, Rep. Ted Pitts introduced a bill in the SC State House that would make it a felony for any public government official to require registration to purchase a firearm or ammunition within the state of South Carolina.  This bill, H.4509, is currently sitting in the House Judiciary committee pending its recommendation.

This reminds me of the Montana law passed in the past few years which provides a safe haven for gun manufacturers in Montana.  This does not go quite has far but it moves to put the Federal Government on notice and helps ensure the peoples second amendment rights as defined in the Bill of Rights.

Read the bill below.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135 SO AS TO MAKE FINDINGS OF THE GENERAL ASSEMBLY IN REGARD TO A PERSON’S RIGHT TO KEEP AND BEAR ARMS, TO PROVIDE THAT NO PUBLIC OFFICIAL OF ANY JURISDICTION MAY REQUIRE REGISTRATION OF PURCHASERS OF FIREARMS OR AMMUNITION WITHIN THE BOUNDARIES OF THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION WHICH IS A FELONY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 5, Title 16 of the 1976 Code is amended by adding:

“Section 16-5-135.    (A)    The General Assembly of the State of South Carolina finds:

(1)    No authority was given to the United States to limit or restrict the right of the citizens of this State to keep and bear arms;

(2)    The United States Congress and all federal agencies are further expressly prohibited from infringing upon the rights of the citizens of this State to keep and bear arms by the Second Amendment to the Constitution of the United States which states:

‘A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.';

(3)    The 90th United States Congress attempted to exceed its authority in violation of Article II of the Bill of Rights of the United States Constitution in purporting to pass the so-called ‘gun registration bill’ in the form of Public Law 90-168;

(4)    Federal agents have flouted the United States Constitution and foresworn their oath to support this Constitution by requiring registration of the purchasers of firearms and ammunition, and these requirements violate the limits of authority placed upon the federal agents by the United States Constitution and are dangerous to the liberties of the people; and

(5)    Article XIII, Section 1 of the Constitution of South Carolina, 1985, provides that all able-bodied male citizens between the ages of eighteen and forty-five are members of the militia of the State of South Carolina, and the effectiveness of these members in suppressing civil disorder or resisting invasion is impeded by infringing on the right of the people to keep and bear arms, by requiring registration of firearms and purchase of ammunition.

(B)    Notwithstanding any other provision of law, no public official of any jurisdiction may require registration of purchasers of firearms or ammunition within the boundaries of this State.

(C)    Any person violating the provisions of this subsection (B) is guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars, or a term of imprisonment not exceeding five years, or both.

(D)    Any aggrieved party shall also have a private action against any person violating the provisions of subsection (B).”

SECTION    2.    This act takes effect upon approval by the Governor.

asdf

H.R. 45 – Blows Up Right to Protect Ones Self

August 14, 2009 by  
Filed under Opinion

Several months ago, we briefly mentioned some concerns with the Blair Holt Firearms Licensing Act of 2009, H.R. 45.

After learning that our Congressman is not reading bills, I decided we would take another look at H.R. 45 and see how much trouble it proposes.

The new firearms act requires the creation of a national database to store each gun owners registration information (Sec. 501.A.1).  Where else are they going to store the following information about every gun owner in America.  Below you will find the application requirements to obtain a hand gun under this proposal, along with a $25 fee every five (5) years per section 102 of H.R. 45.

  1. a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
  2. the name, address, and date and place of birth of the applicant;
  3. any other name that the applicant has ever used or by which the applicant has ever been known;
  4. a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;
  5. with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;
  6. a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;
  7. a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding–
    1. the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;
    2. the safe handling of firearms;
    3. the use of firearms in the home and the risks associated with such use;
    4. the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and
    5. any other subjects, as the Attorney General determines to be appropriate;
  8. an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;
  9. the date on which the application was submitted; and
  10. the signature of the applicant.

Further evidence for the potential of a national ID card is found in section 103, which calls for a “tamper-resistant card.”  Granted the card mentioned in section 103 claims that the top portion of the license would read ‘FIREARM LICENSE–NOT VALID FOR ANY OTHER PURPOSE’ but I think we can safely assume that the Congress could easily drop a line into a bill that would override this provision without the public knowing.

And the text in Section 305 of H.R. 45 appears to prohibit the use of any firearm by a “child” (anyone under the age of 18) and prohibits the individuals freedom to protect his property if a child lives on the premises.

  • PROHIBITION AND PENALTIES- Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any 1 of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if–
    • that person–
      • knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and
      • either–
        • knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365 of this title) to, the child or any other person; or
        • knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and

And last but not least Section 801 will really get your blood boiling.  So as that some of our leadership will not participate in the public option of the proposed health care plan, (H.R. 3200), the government authorities are exempt from these provisions.

This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency.

With all of this said, H.R. 45 appears to do more harm to the people of America than those that it protects.  I get the impression that its goal is to create a generation who are opposed to the use of guns altogether.

If you were partial to the United Nations Gun Ban, this would be your bill!

H.R. 2401 – More Anti Gun Laws

May 20, 2009 by  
Filed under News

MP-5 Automatic Machine Gun

More weapons bans are on the way.

As we have stated before.  We love our guns here at The Conservativist.  So we fight for them.

Congresswoman Carolyn McCarthy [D, NY-4], the 4th was a Republican district until 1997, has introduced bill H.R. 2401 titled the No Fly, No Buy Act of 2009.  This bill, if passed, would alter the Brady Handgun Violence Prevention Act to prevent individuals who are not allowed to board an aircraft from obtaining a weapon.

At first glance, this does not sound all that bad, but we believe this has serious complications.

We have seen many stories in the news about peaceful individuals that have been detained because their names appear on the “do not fly” list.  With so many false positives, how in the world does the government plan on effectively managing another task.   How long will it take you to purchase a hand gun?  Are you going to have to call Congressman Inglis and wait on his staff to clear your name?

Hell, accordingy to Janet Napolitano, anyone who questions the government, supports liberty rights, or veterans could be placed on the no fly list.

The fact of the matter is that the Obama administration appears to be covertly working to take away guns from the people.  Obama claimed he was not going to pursue an assault weapons ban a few weeks ago, but we beg to differ!

Be sure to call your congressman and tell them to vote no on H.R. 2401.

The People Win First Round of Gun Battle

April 17, 2009 by  
Filed under News

MP-5 Automatic Machine Gun

MP-5 Automatic Machine Gun

I was a little disturbed yesterday when I read that the Mexican government was going to ask the US to re-instate the expired assault weapons ban.

President Obama surprised me yesterday and stated to the world that they did not have the support in Congress to pass such a ban and he would not be pursuing it!

He did state that he will be providing the funding to the necessary agencies to enforce the existing gun trafficking laws.

I hope this will begin to resolve the ammunition crisis we find ourselves in.  If you have not heard, gun stores across the country are low on ammunition.  My most recent visit to Academy Sports in Spartanburg revealed they only had 2 or 3 boxes of 9mm shells.

Some say manufacturers are cutting production fearing H.R 45 or the pending legislation to curtail the assault weapons.

Either way, the people have won the first round of this battle to keep our weapons.   Keep the pressure on your local Congressman to make sure the assault weapons ban nor H.R 45 (Blair Holt’s Firearm Licensing and Record of Sale Act of 2009) makes it to the floor to a vote.

SC Ready to Sound the Alarm on H.R. 45

March 9, 2009 by  
Filed under SC Politics

So besides the hours the House spent debating and voting on our ever important state budget, what did the SC State House of Representatives accomplish before/after 108 members saw it necessary to accept the stimulus money instead of doing what the rest of America is doing, trimming down the fat.

H.3673 was introduced and referred to committee. The resolution expresses “the opposition of the General Assembly of South Carolina to the Firearm Licensing and Record of Sale Act of 2009 [H.R. 45] recently introduced in the United States Congress.”  Whew.

For those of you who don’t know, H.R. 45 (aka Blair Holt’s Firearm Licensing and Record of Sale Act of 2009) introduced by Congressman Bobby Rush (D -IL) would destroy our 2nd Amendment rights as we know it.  What does it require?  Here is a list just for starters.

Prohibits:

  1. transferring a firearm to any person other than a licensee, unless the transfer is processed through a licensed dealer in accordance with national instant criminal background check system requirements, with exceptions;
  2. a licensed manufacturer or dealer from failing to comply with reporting and record keeping requirements of this Act;
  3. failing to report the loss or theft of the firearm to the Attorney General within 72 hours;
  4. failing to report to the Attorney General an address change within 60 days; or
  5. keeping a loaded firearm, or an unloaded firearm and ammunition for the firearm, knowingly or recklessly disregarding the risk that a child is capable of gaining access, if a child uses the firearm and causes death or serious bodily injury.

Did I mention this requires most ammunition to be bar coded?

We spoke with Congressman Bob Inglis (R – SC) a few weeks ago about the bill and he didn’t give us a warm fuzzy feeling.  Bob Inglis is against the bill, but believes that Nancy Pelosi (D – CA) will push this through.  Our best hope is that pro gun democrats like college football star Heath Shuler (D – NC) and others will stand up and buck the gravy train.

H.3673 was referred to the committee on Invitations and Memorial Resolutions. Be sure to contact your representatives and ask them to sponsor this resolution.  We need to send this message loud and clear to Washington.  Here are the committee members:

Herb Kirsh Liston D. Barfield Don C. Bowen
Marion B. Frye Vida O. Miller

As for Spartanburg County, all but two Representatives had signed on as of 12:14am on March 10th.  Those Representatives are Harold Mitchell and Joey Millwood.

I am happy to see our General Assembly fighting for our rights guaranteed by the US Constitution.  I just wish these bills did more than just memorialize the US Congress.  It is our understanding this process has very little effect influencing Congress.  Maybe they will put some teeth into one of these bills and give the Attorney General the grounds to sue the US over this matter.

By the way, go to the NRA website and help them get on Congress’ case to not pass this bill.

UPDATE (5:04pm March 10):
Joey Millwood and Eric Bedingfield have also signed on to this legislation now.

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