Firearms Freedom The
North
Carolina
Firearms
Freedom
Act
Glen Bradley; Franklin, Nash, and Halifax
HB 241 NC Firearms Freedom
Section 2 Declaration of Authority
Section 3 Definitions Sections 4-7 Substantive Changes Section 8 Non-Binding Interposition Section 9 Authority given to the Governor Section 2 - Declaration
of
Authority SECTION 2. Declarations of authority. – The General
S2
Declarations Assembly declares that the authority for this act is the following:
(1) The Tenth Amendment to the United States
Constitution guarantees to the states and their people all US
Constitution, powers not granted to the federal government elsewhere in the Constitution and reserves to the State and people of Tenth Amendment North Carolina certain powers as they were understood at the time that North Carolina adopted the Constitution in November 1789. The guaranty of those powers is a matter of contract between the State and people of North Carolina and US
Constitution, the United States whereupon North Carolina was the first state to ratify following the inclusion of a Bill of Rights, Ninth Amendment without which it would not have been adopted, and the violation of said amendments usurps the principles whereupon North Carolina joined the Union on November
NC
Intrastate
21, 1789.
(2) The Ninth Amendment to the United States
Commerce Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of North Carolina certain rights as they were understood at the time that North Carolina adopted the Constitution in 1789. The guaranty of those rights is a matter of contract between the State and people of North Carolina and the United States as of the time that the United States Constitution was agreed upon and adopted by North Carolina in 1789.
(3) The regulation of intrastate commerce is vested in
the states under the Ninth and Tenth Amendments to the United States Constitution. SECTION 2. Declarations of authority. – The General Assembly declares that the authority for this S2
Declarations act is the following:
(4) The Second Amendment to the United States
Constitution reserves to the people the right to keep US
Constitution, and bear arms as that right was understood at the time that North Carolina ratified the Constitution in 1789, Second Amendment and the guaranty of the right is a matter of contract between the State and people of North Carolina and the United States as of the time that the United States NC
Constitution, Constitution and Bill of Rights was agreed upon and adopted by North Carolina in 1789. Article 1 Section 30 (5) Section 30 of Article I of the North Carolina Constitution and Declaration of Rights clearly secures to North Carolina citizens, and prohibits government interference with, the right of individual North Carolina citizens to keep and bear arms. To wit, "the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power." This constitutional protection is nearly unchanged from the original North Carolina Constitution, which was approved by the Fifth Provincial Congress, and the right exists as it was understood at the time that the United States Constitution was agreed upon and ratified by North Carolina in 1789. SECTION 2. Declarations of authority. – S2
Declarations The General Assembly declares that the authority for this act is the following:
The
Federalist
(6) The Federalist Papers (specifically
Madison #46 and Hamilton #29), as well as Papers, On Our the entire history of the ratification of the Second Amendment, reveal that the right to Framer’s Intent bear arms was primarily intended as the sole means of defense and as a hedge against the potential tyranny of an overreaching Federal Logic
101, Restoring Government. Constitutional Intent (7) According to the natural law of logic, a right intentionally enumerated in both the United States Constitution and within the North Carolina Constitution specifically and directly intended as a hedge against the potential tyranny of an overreaching Federal Government should not and cannot in any way be defined by nor regulated from the very Federal Government being so guarded. Section 3 - Definitions SECTION 3. Definitions. – As used in this S3
Definitions act the following definitions apply:
(1) "Firearms accessories" means items
Firearms
that are used in conjunction with or mounted upon a firearm but are not essential to the Accessories basic function of a firearm, including, but not limited, to telescopic or laser sights, magazines, flash or sound suppressors, “Generic
and
folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights Insignificant
Parts for target illumination.
Manufactured (2) "Generic and insignificant parts"
includes, but is not limited to, springs, screws, nuts, and pins.
(3) "Manufactured" means that a firearm,
a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or other processes for working materials. Section 4 - Prohibitions SECTION 4.(a) Prohibitions. – A personal
S4
Prohibitions firearm, a firearm accessory, or ammunition that is
manufactured commercially or privately in North Carolina and that remains within the borders of North Carolina is not subject to federal law or Intrastate
Firearms
federal regulation, including registration, under the authority of Congress to regulate interstate Regulation
belongs
commerce. It is declared that those items have not traveled in interstate commerce, and are thus under to
North
Carolina. the direct auspices of the Tenth Amendment to the United States Constitution wherein the power to regulate these items are reserved to the State of Specifically
North Carolina.
Firearms
that
SECTION 4.(b) This section applies to a firearm, a
firearm accessory, or ammunition that is never
touch
manufactured in North Carolina from basic materials and that can be manufactured without the interstate
inclusion of any significant parts imported from another state. Generic and insignificant parts that Commerce. have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into North Carolina and incorporation into a firearm, a firearm accessory, or ammunition manufactured in North Carolina does not subject the firearm, firearm accessory, or ammunition to federal regulation. SECTION 4.(c) It is declared that basic S4
Prohibitions materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not Basic
Materials
are
subject to congressional authority to regulate firearms, firearms accessories, and not
Firearms ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. Basic
Materials
SECTION 4.(d) The authority of Congress Preclusions to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in North Carolina from those materials. Firearms accessories that are imported into North Carolina from another state and that are subject to federal regulation as being in interstate commerce do not subject a host firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm manufactured in North Carolina. Section 5 - Exceptions S5
Exceptions SECTION 5. Exceptions. – Section 4 of this act does not apply to:
(1) A firearm that cannot be carried and
A
Crew-Served
used by one person.
Weapon (2) A firearm that has a bore diameter
greater than one and one-half inches and that Artillery uses smokeless powder, not black powder, as a propellant.
Missiles
and
(3) Ammunition with a projectile that
explodes using an explosion of chemical Exploding
Shells energy after the projectile leaves the firearm.
(4) A firearm that discharges two or more
Machine
Guns projectiles with one activation of the trigger or other firing device. Section 6-7 - Marketing
Provision S6-S7
Marketing SECTION 6. Marketing of firearms. – A firearm manufactured or sold in North Carolina under this act must have the words Intrastate
Market
"Made in North Carolina" clearly stamped on a central metallic part, such as the receiver or Distinguished frame.
SECTION 7. Marketing of ammunition. –
Weapons Stamped Ammunition manufactured or sold in North Carolina under this act must have the words “Made
In
North
"Made in North Carolina" clearly visible on Carolina” the packaging at the time of sale; this shall not be interpreted to require such a stamp on the ammunition itself. Ammunition Packaging marked “Made
In
North
Carolina” Section 8 - Non-Binding
Remedy S8
Remedy SECTION 8. Enforcement Prohibited. – (a) Public employees employed at the federal, State, or local levels, including, but not Describes prohibited limited to, agents of the (i) Federal Bureau of Investigation, (ii) Department of Homeland Enforcement and classifies Security, (iii) Bureau of Alcohol, Tobacco, violation as a Class 1A Firearms and Explosives, (iv) State Bureau of Investigation, (v) Highway Patrol, (vi) misdemeanor sheriff's departments, and (vii) municipal and county police departments, may not within Closes off the misdemeanor North Carolina enforce the provisions of the into a time-capsule federal statutes upon firearms and produce in intrastate commerce. Violation of this section Acknowledges the Act as is a Class 1A misdemeanor.
non-binding SECTION 8.(b) This section is effective
only if Section 5 of Article I of the North Activates in Carolina Constitution is amended so that it Constitutional Order for does not conflict with this act. Constitutional Crises Proposed substitution:
SECTION 8.(b) This section is effective only if Section 5 of
Article I of the North Carolina Constitution is amended so that it does not require that the enforcement of the North Carolina Firearms Freedom Act remain non-binding. NC Constitution Art 1 S8
Remedy Sec. 5. Allegiance to the Assuming that HB241 is in United States. contravention to the US Government: Every citizen of this State no law (described herein) owes paramount can have binding force. allegiance to the If there are such Constitution and laws as (described government of the United herein) then such laws are presumed States, and no law or to exist ordinance of the State in Requires that any contravention or force in such laws, subversion thereof can remain non-binding have any binding force. SECTION 8.(b) This section is S8
Remedy effective only if Section 5 of Article I of the North Carolina Equipping future generations Constitution is amended so that to resolve Constitutional it does not require that the Crises peacefully and enforcement of the North politically Carolina Firearms Freedom Political Option Left Act remain non-binding. Available to resolve Constitutional issues Every citizen of this State owes paramount allegiance to the 80 years from now Constitution and government in the next crises, the Assembly can of the United States, and no say, “Follow your law or ordinance of the State in Constitution or we contravention or subversion will clarify ours.” thereof can have any binding force. 10th
Amendment Legislative
Acts Constitutionally Declaring Fair Legislative Borders Corrective of a Fundamental Imbalance of Constitutional Power (checks and balance) Has led to multilayered duplications of services and agencies. Unintended consequence of the 17th Amendment To Preserve the Health and Longevity of North Carolina and the United States Section 9 - Enforcement
Authority S9
Enforcement SECTION 9. The Governor and Attorney General each may enforce the provisions of Intrastate
Market
this act in court by seeking injunctive and other relief. Distinguished Weapons Stamped “Made
In
North
Carolina” Ammunition Packaging marked “Made
In
North
Carolina”
Traitor, Seducer and Perjurer. Sensational Allegations Against Commissioner Legarda. Made of Record and Read in English. Spanish Reading Waived. Wife Would Have Killed Him. Legarda Pale and Nervous
Remarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839
The Second Amendment Primer: A Citizen's Guidebook to the History, Sources, and Authorities for the Constitutional Guarantee of the Right to Keep and Bear Arms