https://www.facebook.com/events/173874947559029
WVCDL’s prime push is for “non-participation.”
Read about it below:
https://www.wvcdl.org/forums/wp-con...WVCDL-Non-Participation-Short-Sheet-FINAL.pdf
Only read below if the above pdf link does not work for some odd reason.
tention Legislators: February 9, 2021
Your constituents are probably asking about “nullification” and “sanctuary states” – what are the realities of suchlegislation?TheWVCDLhasneverbeenabout“feelgoodlegislation.” Anylegislativeremedyweseek will be viable, practical, and enforceable.
The Failings of “Nullification” or “Second Amendment Protection” Acts
• Such policies make a fundament assumption that WV officials (the WV State Police) will be attempting to stop any federal agents at the state border and refuse them entry into WV to enforce federal law or even that federal agents will be arrested by WV officials.
• In 2013 Kansas passed a Second Amendment Protection Act, relying on the 10th Amendment of the US Constitution. The law stated that personal firearms, accessories, and ammunition owned or manufactured in KS that remains within the state, were not subject to any federal regulations on such items.
o Theresult?AKansasmanbeganmanufacturingsuppressors,entirelywithinthebordersof Kansas. He later sold a suppressor to another Kansas citizen. Both men were arrested by federal law enforcement and convicted in federal courts. The men appealed their convictions. The 10th Circuit Court of Appeals upheld the convictions. The United States Supreme Court (SCOTUS) denied certiorari thereby upholding the conviction.
Federal Enforcement
• The federal government relies heavily on state/local law enforcement to enforce its dictates. Most sources note that well over 90% of all arrests in America each year are done by state/local law enforcement. Some sources maintain that federal law enforcement arrests may account for less than 1% of annual felony arrests.
• The fed has limited resources as evidenced by the lack of ability to successfully enforce its laws regarding cannabis without the assistance of local law enforcement.
o Cannabis (marijuana) remains illegal at the federal level, yet a multitude of states, including WV, have legalized it at the state level.
o Aside from a few high-profile raids for the cameras, the DEA and FBI have relied on state/local help to enforce federal statute. In fact, DEA agents have publicly admitted they don’t have the financial resources nor the manpower to investigate, raid, and prosecute the cannabis dispensaries in Los Angeles, California – a single American city – let alone in all of America.
The Better Option: Non-Participation
• The viable answer to curbing federal infringements is to withdraw state and local law enforcement from participating in the enforcement of federal firearms restrictions.
• Without state and local law enforcement participation, federal law enforcement will be stretched thin, and incapable of enforcing its dictates throughout the State of West Virginia (as well as the other states that cease participation in enforcement).
(page1 of 2)
• Federal agents cannot lawfully be stopped at the borders and, as with cannabis prohibition, there may be some limited high-profile arrests.
o Any arrested must be tried in West Virginia, in front of West Virginia jurors – who may not feel compelled to convict their fellow Mountaineers of crimes created by the federal government that infringe on their rights.
o Attempts by outside federal agents to infringe on the right to keep and bear arms may indeed spur political momentum on this issue.
It is Lawful?
• Unlike other “nullification” efforts, non-participation has clear legal precedent from the United State
Note: I’m not good at embedding, so links are provided instead.
WVCDL’s prime push is for “non-participation.”
Read about it below:
https://www.wvcdl.org/forums/wp-con...WVCDL-Non-Participation-Short-Sheet-FINAL.pdf
Only read below if the above pdf link does not work for some odd reason.
tention Legislators: February 9, 2021
Your constituents are probably asking about “nullification” and “sanctuary states” – what are the realities of suchlegislation?TheWVCDLhasneverbeenabout“feelgoodlegislation.” Anylegislativeremedyweseek will be viable, practical, and enforceable.
The Failings of “Nullification” or “Second Amendment Protection” Acts
• Such policies make a fundament assumption that WV officials (the WV State Police) will be attempting to stop any federal agents at the state border and refuse them entry into WV to enforce federal law or even that federal agents will be arrested by WV officials.
• In 2013 Kansas passed a Second Amendment Protection Act, relying on the 10th Amendment of the US Constitution. The law stated that personal firearms, accessories, and ammunition owned or manufactured in KS that remains within the state, were not subject to any federal regulations on such items.
o Theresult?AKansasmanbeganmanufacturingsuppressors,entirelywithinthebordersof Kansas. He later sold a suppressor to another Kansas citizen. Both men were arrested by federal law enforcement and convicted in federal courts. The men appealed their convictions. The 10th Circuit Court of Appeals upheld the convictions. The United States Supreme Court (SCOTUS) denied certiorari thereby upholding the conviction.
Federal Enforcement
• The federal government relies heavily on state/local law enforcement to enforce its dictates. Most sources note that well over 90% of all arrests in America each year are done by state/local law enforcement. Some sources maintain that federal law enforcement arrests may account for less than 1% of annual felony arrests.
• The fed has limited resources as evidenced by the lack of ability to successfully enforce its laws regarding cannabis without the assistance of local law enforcement.
o Cannabis (marijuana) remains illegal at the federal level, yet a multitude of states, including WV, have legalized it at the state level.
o Aside from a few high-profile raids for the cameras, the DEA and FBI have relied on state/local help to enforce federal statute. In fact, DEA agents have publicly admitted they don’t have the financial resources nor the manpower to investigate, raid, and prosecute the cannabis dispensaries in Los Angeles, California – a single American city – let alone in all of America.
The Better Option: Non-Participation
• The viable answer to curbing federal infringements is to withdraw state and local law enforcement from participating in the enforcement of federal firearms restrictions.
• Without state and local law enforcement participation, federal law enforcement will be stretched thin, and incapable of enforcing its dictates throughout the State of West Virginia (as well as the other states that cease participation in enforcement).
(page1 of 2)
• Federal agents cannot lawfully be stopped at the borders and, as with cannabis prohibition, there may be some limited high-profile arrests.
o Any arrested must be tried in West Virginia, in front of West Virginia jurors – who may not feel compelled to convict their fellow Mountaineers of crimes created by the federal government that infringe on their rights.
o Attempts by outside federal agents to infringe on the right to keep and bear arms may indeed spur political momentum on this issue.
It is Lawful?
• Unlike other “nullification” efforts, non-participation has clear legal precedent from the United State
Note: I’m not good at embedding, so links are provided instead.
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