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Rep David Hardin Files Bill of State Nullification of 'Unconstitutional' Federal Gun Laws

1/5/2020

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The Hardin Manifesto... 

  In a bold declaration, Rep David Hardin called federal efforts to curb constitutional rights a violation of the rights of the several states and the people.  HB2781 essentially says that the federal govt has forgotten their place and the limitations that the states have placed on the federal entity. 
  For citizens determined to retain their constitutional rights, this bill reads like a tent revival sermon.  It lays out a thesis for what limited role the federal entity is allowed, and then declares all other rights and responsibilities rest with the sovereign states, to govern their own domains within their own borders.
"Although the several states have granted supremacy to laws and treaties made under the powers granted in the United States Constitution, such supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations or other actions which restrict or prohibit the manufacture, ownership and use of firearms, firearm accessories or ammunition exclusively within the borders of Oklahoma. "
  What is even more compelling is the penalty that law enforcement and other government agencies will pay, for cooperating with federal overreaches of law. It further allows individuals to sue state & local entities for attorney fees associated with the defense of these rights.
  The law only pertains to otherwise law abiding conduct. Thus it becomes ineffective when the citizen is involved in committing a crime, separate from federal gun laws and regulations.
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Rep. David Hardin is a freshman lawmaker from Stilwell, OK; replacing Democrat, Will Fourkiller.

An Act relating to firearms;
  • creating the Second Amendment Preservation Act;
  • stating findings and declarations;
  • considering certain actions as infringing on the right to keep and bear arms;
  • invalidating, not recognizing and rejecting certain actions by the federal government and state government;
  • declaring said actions null and void and of no effect;
  • directing courts and law enforcement agencies to protect certain rights of law-abiding citizens;
  • preventing public officers or employees from having authority to enforce certain federal actions;
  • making entities or persons liable for knowingly depriving citizens of certain rights;
  • providing for the award of attorney fees and costs;
  • deeming law enforcement officers permanently ineligible to serve for knowingly taking certain actions;
  • prohibiting the employment of law enforcement officers deemed ineligible to serve;
  • providing for declaratory judgments under certain circumstances;
  • providing for the termination of law enforcement officers pursuant to certain determination made by the court;
  • directing payment of costs and attorney fees to certain entity;
  • affirming appeal or remediation rights;
  • defining term; providing for codification; and providing an effective date. 
​  "The people of the several states have given Congress the power 'to regulate commerce with foreign nations, and among the several states', but 'regulating commerce' does not include the power to limit citizens' rights to keep and bear arms in defense of their families, neighbors, persons or property, or to dictate as to what sort of arms and accessories law-abiding Oklahomans may buy, sell, exchange or otherwise possess within the borders of this state"

 "..the Legislature rejects any claim that the taxing and spending powers of Congress can be used to diminish in any way the right of the people to keep and bear arms."

"The people of Oklahoma have vested the Legislature with the authority to regulate the manufacture, possession, exchange and use of firearms within the borders of this state, subject only to the limits imposed by the Second Amendment to the Constitution of the United States and the Oklahoma Constitution."

  "The Legislature of the State of Oklahoma strongly promotes responsible gun ownership, including parental supervision of minors in the proper use, storage and ownership of all firearms, the prompt reporting of stolen firearms and the proper enforcement of all state gun laws. The Legislature of the State of Oklahoma hereby condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity."
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