Mississippi lawmakers are moving the state in the right direction with two recent bills. Senate Bill 2394 reduces the fee for original concealed carry permits and renewals as well as creating a “permitless” purse/bag carry statute. SB 2619 protects the citizens of Mississippi from an over-reaching Federal government and ensures that activist majors cannot pass laws that contradict state statutes.
We have positive news from Arizona and Montana as their legislatures attempt to protect citizens and assert sovereignty. Professor Paul has recommended reading and Jarrad takes a shot at some mythbusting during SWAT Fuel Fitness Talk. Is cardio on an empty stomach a good thing?
Check out this book: Politically Incorrect Guide to the Founding Fathers
SOURCES:
From YallPolitics.com:
RELEASE:
REP. ANDY GIPSON STATEMENT ON PASSAGE OF SB 2394 AND SB 2619
Today the Mississippi House of Representatives passed two significant pieces of legislation further supporting the Second Amendment, and improving our State laws regarding the existing rights of Mississippians to keep and bear arms. I want to thank the Senate for working with us in developing the agreed final Conference Reports for these important bills, Senate Bill 2394 and Senate Bill 2619. I also want to thank our House conferees, Rep. John Moore, Rep. Becky Currie, Rep. Sam Mims and Rep. Joey Hood.
As approved, Senate Bill 2394 reduces the general fee for obtaining a concealed carry license from $100 to $80, and also reduces the renewal fee to $40. The bill also exempts active duty members of the Armed Forces and service-connected disabled veterans from payment of the license fee. Finally, SB 2394 includes a permitless concealed carry option for carrying a firearm in a purse, bag, handbag, satchel, other similar bag or briefcase or fully enclosed case. Concealed carry licenses will remain an important part of the nationwide reciprocity system, but this permitless carry option will be recognized in Mississippi effective July 1, 2015.
Senate Bill 2619 provides that members and veterans of the Armed Forces, including members of the National Guard, who have completed military combat training for pistols or other handguns are exempt from taking the enhanced carry endorsement class. The bill also addresses the problem created last month by the federal ATF’s attempt to reclassify “green tip” rifle ammunition as armor piercing ammunition. Under SB 2619 Mississippians owning this ammunition will remain legal to possess it regardless of the ATF’s future actions. Finally, SB 2619 clarifies and strengthens Mississippi’s preemption law providing that cities and counties cannot adopt ordinances in violation of state firearms law.
As may be seen, the Mississippi House of Representatives and the Legislature are committed to passing real, meaningful pro-Second Amendment legislation. I want to thank all the members who voted for these important bills.
Rep. Andy Gipson
Chairman, House Judiciary B Committee
3/27/15
From NRA-ILA:
On Sunday, under the leadership of Lt. Governor Tate Reeves (R), the Senate adopted conference committee reports on Senate Bill 2394, sponsored by state Senator Terry Burton (R-Newton), on a 49 to 3 vote, and Senate Bill 2619, sponsored by state Senator Haskins Montgomery (D-Bay Springs) unanimously, giving final legislative approval to both measures. Reeves made SB 2394 a priority legislative agenda item for his office this session. Governor Phil Bryant (R) has already publicly announced that he will sign both bills into law.
These two measures make critical pro-Second Amendment reforms, including a clarification that a state-issued permit is not necessary to transport a loaded or unloaded pistol or revolver in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case. These bills also streamline training requirements for the enhanced carry endorsement on permits for veterans and men and women in the Armed Forces, reduce the cost to both active military and civilians who obtain regular DPS-issued permits to carry firearms for personal protection, and ensure that your right to purchase, own and carry firearms and ammunition are not infringed upon through federal rulemaking or overreach by local governments.
Please send a note of thanks to Lt. Governor Reeves via email, Facebook or Twitter for his leadership and for prioritizing passage of SB 2394. Also, be sure to thank your State Senator if he or she voted for SB 2394 and SB 2619. Votes are available and accessible for SB 2394 and SB 2619. Contact information for your state Senator can be found here.
More details on what was included in the conference committee reports on both SB 2394 and SB 2619 can be found below:
Conference Report on SB 2394
- Reduces fees for an original regular concealed carry permit from $100 to $80, for a renewed concealed carry permit from $50 to $40, and exempts active duty military personnel from any application fees. Renewal fees for senior citizens will also drop from $25 to $20.
- Clarifies that a state-issued permit is not necessary for the transportation of loaded or unloaded pistols or revolvers in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.
- Establishes a special classification of carry permit for honorably retired law enforcement officers and honorably retired correctional offers who provide letters from their respective agency or department confirming their status and completion of a certified law enforcement training academy.
Conference Report on SB 2619
- Eliminates training requirement for an enhanced carry permit endorsement for active military personnel, honorably discharged veterans or retired law enforcement if they have already completed law enforcement or combat training with handguns as part of their service.
- Exempts members or veterans of the National Guard or Reserve units from state’s residency requirement for a regular concealed carry permit and lowers their minimum age requirement for a permit from 21 to 18.
- Removes a provision in law that could leave Mississippians who currently and lawfully own commonly-used rifle cartridges for hunting, target shooting and self-defense vulnerable to state prosecution if federal regulations governing .223/5.56mm ammunition are amended by BATFE without any approval from Congress.
- Makes clarifying changes to the state firearms preemption statute in light of a recent Attorney General opinion, bringing the law into line with the intent of HB 314 from the 2014 session relative to where cities and counties cannot ban permit holders with an enhanced carry endorsement (parks, governmental meetings and non-firearm athletic events).
From FreedomOutpost.com:
Earlier this week, two states passed bills that would block enforcement of future federal gun control measures. Montana and Arizona passed similar measures to nullify federal gun laws and prohibit state agencies and employees from assisting federal agencies from enforcing unlawful and unconstitutional gun laws. The states are making these moves.
In Montana, Rep. Art Wittich introduced House Bill 203 (HB203) which would prohibit the state “from enforcing, assisting in the enforcement of or otherwise cooperating in the enforcement of a federal act enacted on or after Jan. 1, 2015 that “prohibits, restricts, or requires individual licensure for ownership, possession, transfer, or use of any firearm or any magazine or other ammunition feeding device.”
Wittich’s bill passed the House last month by a vote of 58-42. This week it passed the Senate with a vote of 27-22. The bill now heads to the governor’s desk for his signature. If he fails to either sign or veto the bill within 10 days, it becomes law.
Rep. Wittich said that the bill was needed in light of the Obama administration’s usurpation of power and recent threats of unconstitutional executive orders.
Montana is also looking at Senate Bill 143, introduced by Senator Cary Smith, which will also allow concealed firearms to be carried on college campuses in Montana. Should they adopt the bill, Montana would join seven other states that allow concealed carry on college campuses.
Additionally, Senator Kelli Ward introduced Senate Bill 1330 (SB1330) that would do virtually the same thing as the Montana.
“All federal act, laws, orders, rules and regulations that are in violation of the Second Amendment of the United States Constitution, that are unauthorized by the Constitution and that violate the Second Amendment’s true meaning and intent as given by the founders and ratifiers of the United States Constitution are invalid and void in this state,” the bill reads.
The bill passed the Arizona Senate on Wednesday with a vote of 17-12.
The Tenth Amendment Center says that these types of bills are “based on James Madison’s advice for states and individuals in Federalist 46, a ‘refusal to cooperate with officers of the Union’ serves as an extremely effectively method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership in the states.
These bills are also based on the anti-commandeering doctrine. The anti-commandeering doctrine, resting on four Supreme Court Cases dating back to as early as 1842, should be considered in this matter.
Printz v. US is the cornerstone in this doctrine. The ruling states in part:
“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program…such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
The Tenth Amendment Center also points out this little nugget:
Finally, the Court ruled that the federal government cannot force the states to act against their will by withholding funds in a coercive manner. In Independent Business v. Sebelius (2012), the Court held that the federal government cannot compel states to expand Medicaid by threatening to withhold funding for Medicaid programs already in place. Justice Roberts argued that allowing Congress to essentially punish states that refused to go along violates constitutional separation of powers.
The legitimacy of Congress’s exercise of the spending power “thus rests on whether the State voluntarily and knowingly accepts the terms of the ‘contract.'” Pennhurst, supra, at 17. Respecting this limitation is critical to ensuring that Spending Clause legislation does not undermine the status of the States as independent sovereigns in our federal system. That system “rests on what might at first seem a counterintuitive insight, that ‘freedom is enhanced by the creation of two governments, not one.’ ” Bond, 564 U. S., at ___ (slip op., at 8) (quoting Alden v. Maine, 527 U. S. 706, 758 (1999) ). For this reason, “the Constitution has never been understood to confer upon Congress the ability to require the States to govern according to Congress’ instructions.” New York, supra, at 162. Otherwise the two-government system established by the Framers would give way to a system that vests power in one central government, and individual liberty would suffer.
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