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IDAHO TELLS FEDS TO "CEASE AND DESIST"

Discussion in 'Politics, Elections & Legislation' started by Jennifer, Feb 27, 2009.

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  1. Jennifer

    Jennifer Member

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    IDAHO LEGISLATURE TELLS THE SPEAKER OF THE HOUSE AND THE SENATE TO "CEASE AND DESIST" FROM PUSHING RESTRICTIVE GUN LAWS (HR 45) ON THE SOVEREIGN STATES. SEE URL ABOVE. ALTHOUGH THIS "MEMORIAL" DOESN'T HAVE LEGAL TRACTION, IT IS SURE BETTER THAN THE STATE REMAINING SILENT AND ALLOWING SUCH AN OUTRAGE UNCHALLENGED.

    JENNIFER,
    IDAHO CO-COORDINATOR,
    SECOND AMENDMENT SISTERS,
    http://www.2asisters.org/
     
  2. waterhouselake

    waterhouselake TS Member

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    IDAHO TELLS FEDS TO

    At least one states legislature has some guts! When they come for the guns give them to them. The business end first....
     
  3. Jennifer

    Jennifer Member

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    IDAHO TELLS FEDS TO

    Aw heck, I'll just post it here so you don't have to go to the URL. I do believe many Idahoans are prepared to give it to them, business end first.

    LEGISLATURE OF THE STATE OF IDAHO
    Sixtieth Legislature First Regular Session 2009
    IN THE HOUSE OF REPRESENTATIVES
    HOUSE JOINT MEMORIAL NO. 3
    BY STATE AFFAIRS COMMITTEE
    1 A JOINT MEMORIAL
    2 TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES
    3 IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION
    4 REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED
    5 STATES.
    6 We, your Memorialists, the House of Representatives and the Senate of the State of Idaho
    7 assembled in the First Regular Session of the Sixtieth Idaho Legislature, do hereby respectfully
    8 represent that:
    9 WHEREAS, the Second Amendment of the United States Constitution does not simply
    10 provide for a collective right or a right for the states to establish militias? rather it provides for
    11 the right of the people to keep and bear arms? and
    12 WHEREAS, the primary purpose of the right to keep and bear arms is to protect one’s
    13 self, family and possessions from either the private lawlessness of other persons or the tyranny
    14 of government? and
    15 WHEREAS, the right to keep and bear arms is also meant to protect the general private
    16 uses of firearms in activities such as hunting and other sporting activities? and
    17 WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 128
    18 S.Ct. 2783 (2008), recently struck down a firearms ban in the District of Columbia, explicitly
    19 ruling that the Second Amendment protects the right of the people to possess firearms for pri20
    vate use? and
    21 WHEREAS, despite this ruling, legislation has been introduced in the United States
    22 House of Representatives calling for a system of mandatory federal licensing of all firearm
    23 owners? and
    24 WHEREAS, the legislation introduced would require all firearm owners to apply for and
    25 carry a federally issued picture identification in order to keep any firearm in their homes? and
    26 WHEREAS, the legislation introduced would make it a federal crime to keep a loaded
    27 firearm or an unloaded firearm and ammunition within any premises including, under certain
    28 circumstances, American homes where a child may be present? and
    29 WHEREAS, the legislation introduced specifically purports to preempt any state or local
    30 law inconsistent with it? and
    31 WHEREAS, the introduced legislation, Blair Holt’s Firearm Licensing and Record of Sale
    32 Act of 2009, is a direct imposition on each American’s individual right to keep and bear arms
    33 in their homes and for their protection.
    34 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of
    35 the Sixtieth Idaho Legislature, the House of Representatives and the Senate concurring therein,
    36 that members of the United States Congress cease and desist attempting to enact federal leg37
    islation impinging on the individual right of every American to keep and bear arms in any
    38 manner. Specifically, that members of Congress oppose the passage of the Firearm Licensing
    39 and Record of Sale Act of 2009, and any similar legislation.
    2
    1 BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is hereby
    2 authorized and directed to forward a copy of this Memorial to the President of the Senate and
    3 the Speaker of the House of Representatives of Congress, and the congressional delegation
    4 representing the State of Idaho in the Congress of the United States.
     
  4. Pocatello

    Pocatello Active Member

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    IDAHO TELLS FEDS TO

    Let's try it again:

    LEGISLATURE OF THE STATE OF IDAHO Sixtieth Legislature First Regular Session 2009

    IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT MEMORIAL NO. 3 BY STATE AFFAIRS COMMITTEE

    1 A JOINT MEMORIAL

    2 TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES

    3 IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION

    4 REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED

    5 STATES.

    6 We, your Memorialists, the House of Representatives and the Senate of the State of Idaho

    7 assembled in the First Regular Session of the Sixtieth Idaho Legislature, do hereby respectfully

    8 represent that:

    9 WHEREAS, the Second Amendment of the United States Constitution does not simply

    10 provide for a collective right or a right for the states to establish militias; rather it provides for

    11 the right of the people to keep and bear arms; and

    12 WHEREAS, the primary purpose of the right to keep and bear arms is to protect one’s

    13 self, family and possessions from either the private lawlessness of other persons or the tyranny

    14 of government; and

    15 WHEREAS, the right to keep and bear arms is also meant to protect the general private

    16 uses of firearms in activities such as hunting and other sporting activities; and

    17 WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 128

    18 S.Ct. 2783 (2008), recently struck down a firearms ban in the District of Columbia, explicitly

    19 ruling that the Second Amendment protects the right of the people to possess firearms for private

    20 use; and

    21 WHEREAS, despite this ruling, legislation has been introduced in the United States

    22 House of Representatives calling for a system of mandatory federal licensing of all firearm

    23 owners; and

    24 WHEREAS, the legislation introduced would require all firearm owners to apply for and

    25 carry a federally issued picture identification in order to keep any firearm in their homes; and

    26 WHEREAS, the legislation introduced would make it a federal crime to keep a loaded

    27 firearm or an unloaded firearm and ammunition within any premises including, under certain

    28 circumstances, American homes where a child may be present; and

    29 WHEREAS, the legislation introduced specifically purports to preempt any state or local

    30 law inconsistent with it; and

    31 WHEREAS, the introduced legislation, Blair Holt’s Firearm Licensing and Record of Sale

    32 Act of 2009, is a direct imposition on each American’s individual right to keep and bear arms

    33 in their homes and for their protection.

    34 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of

    35 the Sixtieth Idaho Legislature, the House of Representatives and the Senate concurring therein,

    36 that members of the United States Congress cease and desist attempting to enact federal

    37 legislation impinging on the individual right of every American to keep and bear arms in any

    38 manner. Specifically, that members of Congress oppose the passage of the Firearm Licensing

    39 and Record of Sale Act of 2009, and any similar legislation.

    2

    1 BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is hereby

    2 authorized and directed to forward a copy of this Memorial to the President of the Senate and

    3 the Speaker of the House of Representatives of Congress, and the congressional delegation

    4 representing the State of Idaho in the Congress of the United States.



    End.

    I made two minor changes to correct inconvenient breaks in the middle of words.

    Don't you just hate this legislative proclamations language with all the "whereas"es? I agree with the sentiments but the language seems so artificial.
     
  5. Jennifer

    Jennifer Member

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    IDAHO TELLS FEDS TO

    Thanks Pocatello, that's much easier on the eyes. Yes all the "WHEREAS," makes it harder to read but I'm sure happy to see Idaho asserting it's 10th Amendment rights. I've read that 30 other states are drafing similar resolutions.

    It appears that Montana is going even farther than this - see link.

    Jennifer
     
  6. trapgeek

    trapgeek Member

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    IDAHO TELLS FEDS TO

    Michigan has also just proposed a similar resolution. It is House Concurrent Resolution 0009, sponsored by Paul Opsommer and has a whole string of others on it too. It has been refered to Committee on Judiciary on 2/25.

    Trapgeek
     
  7. Jennifer

    Jennifer Member

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    IDAHO TELLS FEDS TO

    Hi rich-s, not a lot of people know it, but my town of Horseshoe Bend, ID has had an ordinance like Greanleaf's since 2001:


    ORDINANCE #186-2001 - ORDINANCE FOR CIVIL EMERGENCIES AND ESTABLISHING RIGHT TO MAINTAIN ARMS


    WHEREAS, in order to protect the health, safety, and welfare of the citizens of the City of Horseshoe Bend and


    WHEREAS, the City of Horseshoe Bend has determined that it is in need of an ordinance to protect the right to provide for the safety, security and general welfare of the town and its inhabitants within the City of Horseshoe Bend, and


    WHEREAS, special interest groups are misusing, Federal, State, and various laws and regulations to further their own agendas and restrict the use of private and public rights, and


    WHEREAS, the federal, State and local government appears to be content to allow special interest groups to be the deciding factor in what the private citizens can and cannot do,


    THEREFORE; Be it ordained that the City of Horseshoe Bend shall by Ordinance, within the City of Horseshoe Bend boundaries provide the right to maintain a firearm together with ammunition therefore, and


    FURTHERMORE, the City of Horseshoe Bend shall restrict the use, or anything of like manner, within the City of Horseshoe Bend limits, to fire a gun, pistol or other firearm in the city. Exceptions are in the defense of person or property, and excepting peace officers or military forces of this state or the United States in the discharge of official duties.


    FURTHERMORE, any entity, or parties who makes a designation or assignation to limit or restrict the use of firearms within the City of Horseshoe Bend boundaries, could or would make an impact upon the residents of the City of Horseshoe Bend to defend themselves, shall notify the Mayor of the City of Horseshoe Bend of their intent or plans.


    ARTICLE 1: RIGHT TO BEAR ARMS - Heads of households to maintain firearms
    1. In order to provide for the emergency management of the town, and to provide for the civil defense of the City of Horseshoe Bend, and further, in order to provide for and protect the safety, security and general welfare of the town and its inhabitants, every head of household residing in the City of Horseshoe Bend city limits is required to maintain a firearm, together with ammunition therefor.


    2. Exempt from the effect of this section are those who suffer a physical or mental disability, which would prohibit them from using or obtaining such firearms. Further exempt from the effect of this section are those who are persons under the law who are restrained from possessing a firearm/firearms, such as a felon, or one who is under court restriction such as a restraining order to disallow possession of firearms.


    3. Exempt from the effect of said ordinance are those who conscientiously oppose maintaining firearms as a result of belief, religious, doctrine, or who are financially unable to purchase a firearm.


    ARTICLE II: USE OF FIREARMS


    1. No persons shall fire a gun, pistol or other firearm in the City of Horseshoe Bend, except in the defense of persons or property (Article II The Bill of Rights; 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); excepting peace officers or military forces of this state or the United States, in the discharge of official duties, and the designated areas approved by the Horseshoe Bend City Council.


    BE IT FURTHER ORDAINED that the subject matter of this Ordinance shall take effect immediately upon publication or posting as required by law. PASSED AND APPROVED THIS 14th DAY OF FEBRUARY, 2001.
     
  8. Jennifer

    Jennifer Member

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    IDAHO TELLS FEDS TO

    Russ25Trap unfortunately what you say is all true in the minds of big city people. I was born and raised in Los Angeles County so I know. In fact, many people have asked me on the phone, "So how are you guys getting along with that midwestern snowstorm?"

    We're in the Pacific Northwest - sadly, many Americans confuse Iowa and Idaho.

    Jen
     
  9. grunt

    grunt TS Supporters TS Supporters

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    IDAHO TELLS FEDS TO

    Good thread Jennifer. Dave Bishop
     
  10. Shady Creek

    Shady Creek TS Member

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    IDAHO TELLS FEDS TO

    Jenn, I love it.

    Russ25Trap,who da sheep,who da sheep,you da sheep....GOOD LUCK
     
  11. grunt

    grunt TS Supporters TS Supporters

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    IDAHO TELLS FEDS TO

    TTT
     
  12. Inspector 12

    Inspector 12 TS Member

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    IDAHO TELLS FEDS TO

    Have been pondering moving to Montana someday, may have to reconsider and take another look at Idaho now...
     
  13. Jennifer

    Jennifer Member

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    IDAHO TELLS FEDS TO

    Thanks Dave!

    Jennifer
     
  14. Recoil Sissy

    Recoil Sissy Well-Known Member

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    IDAHO TELLS FEDS TO

    Russ25Trap:

    Idaho is an example of what libs refer to as a fly over state. There's a bunch of fly over states. They tend to be God, guts, and guns kinds of places. As such it is doubtful that libs consider them part of the U.S. of A.

    I appreciate Idaho, other states, and any municipality that tells the feds to quit meddling in Constitutionally protected rights.

    sissy

    PS to Jennifer: Thanks for sharing.
     
  15. Mike Michalski

    Mike Michalski Member

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    IDAHO TELLS FEDS TO

    So now I understand one of the reasons Hemingway loved Idaho.
     
  16. daddiooo

    daddiooo TS Supporters TS Supporters

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    IDAHO TELLS FEDS TO

    Russ25trap,


    Take your fishin' expedition and your skeet skirt back to some other website. Based on your opinions it's hard to imagine that you're a trap shooter.
    It's apparent from your statements of hero worship that your head is so far up Husseins butt you'll never see daylight.



    Just another example of entitlement class sheeple.
     
  17. Jerbear

    Jerbear TS Member

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    IDAHO TELLS FEDS TO

    TrapGeek is right. Michigan has one in the works as well...

    Michigan pushes back against proposed federal registration
    2009/02/26
    FOR IMMEDIATE RELEASE
    --------------------------------------------------------------------------------
    Feb 25, 2009

    State Rep. Paul Opsommer (R-93) announced today a new bi-partisan package of resolutions that will assert Michigan's right to bear arms under its Constitution, the supremacy of the Second Amendment over the Commerce Clause, and the will of the Michigan legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens.

    Opsommer's resolution, HCR 009, speaks directly to the many new federal firearm laws that are being introduced. "Even though I am only a State legislator, some of these federal proposals are so egregious that you really don't have a choice but to get involved," said Opsommer. "They would trample over our own Constitution and firearm laws, and I don't think we can sit idly by to just wait and see if and when these bills become law".

    Opsommer said he will also be reintroducing his bill HB 6518 (2008) and expanding it so that it also addresses the new agenda Illinois Congressman Bobby Rush has added to his anti-firearm's wish list. The bill was introduced last year in reaction to coercive attempts by Mayor Bloomberg to create new video surveillance databases of gun purchases with Wal-Mart.

    "Congressman Rush's legislation would also call for other biometric schemes that would include the fingerprinting of law abiding citizens and a new Attorney General approved picture ID card," said Opsommer. "We were able to halt provisions last year that could have required a new and vague national ID card in order to buy firearms, and we will do so again whether it is to register firearms, ammunition, or handloading equipment."

    Jerbear
     
  18. Jerbear

    Jerbear TS Member

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    IDAHO TELLS FEDS TO

    Here is the Michigan bill.......

    Sponsors Paul Opsommer - (primary)
    Richard Ball, Darwin Booher, Terry Brown, Bill Caul, Hugh Crawford, Robert Dean, Kevin Green, Richard Hammel, Goeff Hansen, Harold Haugh, Rick Jones, Eileen Kowall, Michael Lahti, Richard LeBlanc, Matt Lori, Pete Lund, Gary McDowell, Tom McMillin, Fred Miller, Andy Neumann, Tom Pearce, John Proos, Paul Scott, Joel Sheltrown, Dudley Spade, Sharon Tyler, Gail Haines, Kenneth Horn, Marty Knollenberg, Jeff Mayes, Kim Meltzer, Chuck Moss, Tory Rocca, Bill Rogers, Jennifer Haase, George Cushingberry

    Categories Second Amendment

    A concurrent resolution to reaffirm the right to bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens.
    Last Action: 02/25/2009 - referred to Committee on Judiciary



    Rep. Opsommer offered the following concurrent resolution:

    House Concurrent Resolution No. 9.

    A concurrent resolution to reaffirm the right to bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens.

    Whereas, Article I, Section 6 of the Michigan Constitution, clearly affirms a right to bear arms. This provision prescribes that the primary purpose of the right to bear arms is not related solely to hunting but clearly allows Michigan citizen’s to be able to protect one's self, family, and possessions from the private lawlessness of other persons or potential tyranny of governments; and

    Whereas, There are also federalism provisions under the United States Constitution that prohibit the federal government from interfering with the right to bear arms within Michigan. The Tenth Amendment guarantees to the states and their people all powers not granted to the federal government elsewhere in the United States Constitution; and

    Whereas, Article I, Section 8 of the United States Constitution provides the federal government with the power to regulate commerce. However, this provision only empowers the government to regulate commerce between states and cannot be used to impose regulations onto firearms beyond this scope or that are at cross-purposes with the Second Amendment; and

    Whereas, Several new federal laws have been proposed that would overstep the bounds of both the Second Amendment, Michigan’s sovereign constitution, and its firearm laws; and

    Whereas, It is not the intent of the Michigan Legislature to pass laws that would mandate the use of “coded,” “serialized,” or “chipped” ammunition, to create databases of such ammunition, or to outlaw the ability of people to hand load otherwise lawful ammunition. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would mandate the use of so called “smart gun” technology that wirelessly or otherwise authenticates and enables a firearm to be used by only one person. Furthermore, it is not the intent of the Michigan Legislature to allow for licensing schemes for the purchase of firearms that would mandate facial recognition, iris scans, fingerprinting, or other advanced biometric technology. Furthermore, it is not the intent of the Michigan Legislature to regulate the private transfer or sale of firearms beyond what is currently required by law. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would make firearm ownership or use dependent upon the purchase of personal insurance policies or other similar risk instruments. Furthermore, it is not the intent of the Michigan Legislature to prohibit firearm ownership to individuals based upon their reporting of the past use of pain killers or other medications for surgical recovery, dental procedures, and other legitimate medical purposes. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would infringe upon the ability of firearm owners to keep such weapons loaded and readily accessible within their homes, or that would allow for officials to inspect firearms within their homes without first obtaining a valid search warrant issued in conjunction with a lawful criminal investigation. It is however the intent of the Michigan Legislature to ensure that such firearm schemes are not imposed upon the citizens of Michigan by either the federal government or itself, and would view such infringements as violations of both the Second Amendment and the Michigan Constitution; now, therefore, be it

    Resolved by the House of Representatives (the Senate concurring), That we reaffirm the right to bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens.

    Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, members of the Michigan congressional delegation, and the head of the Bureau of Alcohol, Tobacco, and Firearms.



    Good Luck Paul.....


    Jerbear
     
  19. Jerbear

    Jerbear TS Member

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    IDAHO TELLS FEDS TO

    Michigan to end execution zones..../ Gun Free Zones !!!!!


    Sponsors Richard LeBlanc - (primary)
    Joel Sheltrown, Justin Amash, Bob Genetski, Gino Polidori, David Agema

    Categories Weapons, concealed; Weapons, firearms

    Weapons; concealed; list of specified premises on which a person licensed to carry a concealed weapon may not carry that weapon; eliminate. Amends sec. 5c of 1927 PA 372 (MCL 28.425c) & repeals sec. 5o of 1927 PA 372 (MCL 28.425o).
    Last Action: 02/24/2009 - printed bill filed 02/20/2009


    HOUSE BILL No. 4348


    February 19, 2009, Introduced by Reps. LeBlanc, Sheltrown, Amash, Genetski, Polidori and Agema and referred to the Committee on Judiciary.



    A bill to amend 1927 PA 372, entitled



    "An act to regulate and license the selling, purchasing,

    possessing, and carrying of certain firearms and gas ejecting

    devices; to prohibit the buying, selling, or carrying of certain

    firearms and gas ejecting devices without a license or other

    authorization; to provide for the forfeiture of firearms under

    certain circumstances; to provide for penalties and remedies; to

    provide immunity from civil liability under certain circumstances;

    to prescribe the powers and duties of certain state and local

    agencies; to prohibit certain conduct against individuals who apply

    for or receive a license to carry a concealed pistol; to make

    appropriations; to prescribe certain conditions for the

    appropriations; and to repeal all acts and parts of acts

    inconsistent with this act,"



    by amending section 5c (MCL 28.425c), as amended by 2002 PA 719;



    and to repeal acts and parts of acts.



    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:



    Sec. 5c. (1) A license to carry a concealed pistol shall be in



    a form, with the same dimensions as a Michigan operator license,



    prescribed by the department of state police. The license shall



    contain all of the following:





    (a) The licensee's full name and date of birth.



    (b) A photograph and a physical description of the licensee.



    (c) A statement of the effective dates of the license.



    (d) An indication of exceptions authorized by this act



    applicable to the licensee.



    (e) An indication whether the license is a duplicate.



    (2) ******Subject to section 5o and except******

    Except as otherwise



    provided by law, a license to carry a concealed pistol issued by



    the county concealed weapon licensing board authorizes the licensee



    to do all of the following:



    (a) Carry a pistol concealed on or about his or her person



    anywhere in this state.



    (b) Carry a pistol in a vehicle, whether concealed or not



    concealed, anywhere in this state.



    Enacting section 1. Section 5o of 1927 PA 372, MCL 28.425o, is



    repealed.


    ******** Language to be removed will be stricken********
     
  20. Jennifer

    Jennifer Member

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    IDAHO TELLS FEDS TO

    Thanks Jerbear, I'm so glad to see the other states asserting their 10th amendment rights too. The Second Amendment Sisters and other pro-RKBA organizations are also preparing to fight for the elimination of the Gun Free Zones, which equal Killing Zones.

    Jennifer
     
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