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Thread: Draft proposal: NC Sheriffs First and Gun Rights Protection Act

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    une plume de Libertée GunnyFreedom's Avatar
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    Default Draft proposal: NC Sheriffs First and Gun Rights Protection Act

    Sheriff's First and Gun Rights Protection Act (Citizen Proposal)

    SECTION 1.

    Declarations of authority. – The General 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 powers not granted to the federal government elsewhere in the Constitution and reserves to the State and people of 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 the United States whereupon North Carolina was the first state to ratify following the inclusion of a Bill of Rights, 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 21, 1789.

    (2) The Ninth Amendment to the United States 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.

    (4) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that North Carolina ratified the Constitution in 1789, 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 Constitution and Bill of Rights was agreed upon and adopted by North Carolina in 1789.

    (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.

    (6) The Federalist Papers (specifically Madison #46 and Hamilton #29), as well as the entire history of the ratification of the Second Amendment, reveal that the right to bear arms was primarily intended as the sole means of defense and as a hedge against the potential tyranny of an overreaching Federal Government.

    (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 2.

    (1) Law enforcement investigations, including but not limited to arrest, search, confiscation or surveillance actions by law enforcement agencies (henceforth, LEAs) from outside the county of a North Carolina sheriff's jurisdiction must receive permission in writing or other manner of explicit record of the county sheriff,

    (2) Sheriffs and their deputies in North Carolina are empowered to halt, detain and/or arrest as needed any agent of said LEAs taking part in search, confiscation, surveillance or arrest activities absent of proper permission and/or properly issued search warrants as applicable from the local county court of record, and

    (3) Sheriffs in North Carolina in keeping with their oaths of office may use proper force at their disposal to prevent, stop and otherwise disrupt non-county LEA agents from unconstitutional law enforcement actions. (Mutual-aid agreements among contiguous county and municipality LEAs shall not be impacted by this legislation)

    (4) County sheriffs may engage in Mutual Aid agreements with any LEA in the State, which must be reviewed and approved annually by the duly elected sheriff.

    (5) All warrants issued for execution by such governmental officials, representatives, or agencies or instruments thereof must be submitted to the Sheriff for examination prior to execution. Failure to gain sheriffs' approval to proceed obliges the sheriff to obtain warrants for the arrest of all whom so acted without permission. Courts will be obliged to issue such warrants on the sworn oath, affirmation, or affidavit of the sheriff and prosecutors will be obliged to bring felony charges against those for whom warrants have been issued.

    (6) Furthermore, county sheriffs shall be authorized to judge the constitutional validity of all warrants presented to them and withhold permission to execute those the sheriff deems in violation of individual human rights.

    (7) Regional LEA's are reserved the right to hot pursuit across county lines, but are required to broadcast and receive on county sheriff frequencies, or a given mutual frequency, and to accept sheriff dispatch direction during hot pursuit. Suggest 'dual broadcast' radios stay on your home frequency and switch "advise" frequency in and out of counties.

    (8) In all areas where the North Carolina General Assembly has ceded concurrent or exclusive jurisdiction to the federal government under the Constitution, the powers of federal jurisdiction and arrest will remain unaffected by this act.

    (9) All State recognized Indian Tribes will be regarded as sovereign for the exclusive purposes of this act, and shall in like manner to a county sheriff be responsible for the security governing their own tribal reservations, and shall be granted the same powers and responsibilities as county sheriffs under this act, when interacting with outside jurisdictions and LEA's.

    (10) The Governor is Commander in Chief of the military forces of the State and reserves the right to call out those forces to execute the law, suppress riots and insurrections, and repel invasion.

    SECTION 3.

    (1) The county sheriff will have the explicit responsibility of reviewing the constitutionality of every law enforcement action in his or her jurisdiction, and a constitutional review of every action taken in that county will be made public in January of every year, and then current data 60 days prior to a general election where the sheriff is in contest.

    (2) An appropriation is requested to make this data live on the Internet (rather than annual or in quarterly chunks) for every county.

    (3) The task of producing the journal may be delegated to a constitutional lawyer, but the entries must be signed by the duly elected sheriff.

    SECTION 4.

    (1) The General Assembly of North Carolina specifically and explicitly charges the organizations affected under the North Carolina Sheriffs’ First Act to act in the defense of county residents in the event of catastrophic breakdown in the American chain of command, or the organized subversion of constitutional limits.

    (2) To wit, the one hundred duly elected sheriffs of the State of North Carolina are hereby charged as the last line of defense in the event of blatantly unconstitutional federal weapon bans or confiscations. This discretion over prohibited actions spreads to but is not limited to:
    • National Security Letters
    • Self-signed PATRIOT Search Warrants
    • Citizens targeted for indefinite detention without Habeas Corpus
    • Firearm Registration that fails to comport with the North Carolina State Constitution
    • Firearms Canvassing actions, collections, or confiscations
    SECTION 5.

    County sheriffs may be removed, and upon removal a Special Election of the county will be held for replacement.

    The General Assembly will have the power to call a special election as a local bill which must include the existing sheriff on the ballot; furthermore, the Governor will have the power to order a County Sheriff to cease and desist (subject to legislative override same as a veto), and

    1% of the signatures of the people living in a county may be brought before a duly elected judge in the State of North Carolina who will determine cause for a hearing, and upon that hearing issue a cease and desist order and call for a special election, and

    20% of the signatures of the people living in a county may be brought before a duly elected judge in the State of North Carolina who will then issue a judicial stop and desist and call for a special election regardless of cause.

    SECTION 6.

    Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this Article shall be guilty of a Class F felony.

    This subsection is not binding unless Section 5 of Article I of the North Carolina Constitution is amended so that it does not disallow the binding of the interposition in this act.

    Suspects under non-binding interposition may be arrested, detained, tried, sentenced, but not imprisoned, or otherwise taken under State leveled punitive actions. Non-binding interposition does not at any time apply jeopardy, and the suspect is free to be charged with otherwise binding crimes to be tried following the trial over the non-binding interposition, or for the same crime in a Federal Court.

    Any officer or employee of the State of North Carolina or any county or city that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this Article is guilty of a Class I felony.

    SECTION 7.

    This act becomes effective upon adoption.
    Last edited by GunnyFreedom; 01-19-2013 at 07:48 PM.



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    (8) In all areas where the North Carolina General Assembly has ceded concurrent or exclusive jurisdiction to the federal government under the constitution, the powers of federal jurisdiction and arrest will remain unaffected by this act.
    So - did that just castrate this legislation?

    -t
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    Regulations do not regulate ... they protect the status quo.
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    une plume de Libertée GunnyFreedom's Avatar
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    Quote Originally Posted by tangent4ronpaul View Post
    So - did that just castrate this legislation?

    -t
    No, it really just recognizes an existing condition. If you are in a "Federal Building" then the feds have jurisdiction over the security of that building. You can't get away from that without getting away from America. Or more likely the human race.

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    une plume de Libertée GunnyFreedom's Avatar
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    I know I know, all I can say is "Don't go into Federal Buildings."

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    Looks pretty good.


    (5) All warrants issued for execution by such governmental officials, representatives, or agencies, or instruments thereof must be submitted to the Sheriff for examination prior to execution. Failure to gain Sheriffs' approval to proceed obliges the Sheriff to obtain warrants for the arrest of all who so acted without permission. Courts will be obliged to issue such warrants on the sworn oath, affirmation, or affidavit of the Sheriff and prosecutors will be obliged to bring felony charges against those for whom warrants have been issued, and
    I like. It's high time we treat abuses of the constitution as felonies.
    If something bad happens, we will be blamed. If something good happens, we will get no credit. If nothing happens, we will be forgotten.

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    Is this posted anywhere online other than here? Bill Number etc. ?
    If something bad happens, we will be blamed. If something good happens, we will get no credit. If nothing happens, we will be forgotten.

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    une plume de Libertée GunnyFreedom's Avatar
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    Quote Originally Posted by nobody's_hero View Post
    Is this posted anywhere online other than here? Bill Number etc. ?
    No, I'm just a citizen now, I have to take the full process. :-p

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    I approve this message! +rep
    It does not require a majority to prevail, but rather an irate, tireless minority keen
    to set brush fires in peoples minds! Revolution is Action upon Revelation!


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    What I want most of all is to make it better. And at the same time more efficient (smaller).

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    une plume de Libertée GunnyFreedom's Avatar
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    any improvements on principle?

    any improvements on efficiency?

    any improvements on practicality?

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    the timing is limited. I will take this next through lawyer friends to tweak the language before providing material for introduction.

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    Quote Originally Posted by nobody's_hero View Post
    Looks pretty good.




    I like. It's high time we treat abuses of the Constitution as felonies.
    Indeed!
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    une plume de Libertée GunnyFreedom's Avatar
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    See, I post these things on here, because RPF's are one of the primary brain-trusts of the R3volution. I don't post them for cheers, but to make them better. Lots of people less highly informed in other venues have made significant input, and helped change the complexion of the bill. So I remain a little confused how when it comes to propositions like these, it's mostly "oh yeah!" instead of "hey wouldn't it work better like this?" which I would honestly prefer...

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    une plume de Libertée GunnyFreedom's Avatar
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    I always thought it was some an-cappish 'we don't much like laws' thing.

    ETA: except one of the people who did ultimately provide the most input on draft legislation is in fact an An Capper, so that just was meant for chuckles.
    Last edited by GunnyFreedom; 01-19-2013 at 06:59 PM.

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    Another edit made.

    foresee any problems this will bring. It's a pretty big change but at the same time it's not really a change at all. Sheriffs are supposed to have this power anyway. This would just force them to exercise it and then justify it before an electorate.

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    Do coroners have arrest power in North Carolina? They do in Georgia and Kentucky. If not, perhaps they should be granted it. Maybe that could be incorporated somehow as another firewall. I had just researching "who can arrest the sheriff" the other day and so I learned about coroners having law enforcement duties.

    http://en.wikipedia.org/wiki/Coroner#Duties

    http://www.lrc.state.ky.us/KRS/072-00/415.PDF

    http://georgiacoronersassoc.org/legislation-title-45

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    Quote Originally Posted by SpreadOfLiberty View Post
    Do coroners have arrest power in North Carolina? They do in Georgia and Kentucky. If not, perhaps they should be granted it. Maybe that could be incorporated somehow as another firewall. I had just researching "who can arrest the sheriff" the other day and so I learned about coroners having law enforcement duties.

    http://en.wikipedia.org/wiki/Coroner#Duties

    http://www.lrc.state.ky.us/KRS/072-00/415.PDF

    http://georgiacoronersassoc.org/legislation-title-45
    "You'll arrest me when I'm dead!"

    "we can arrange that Sheriff."

    Are coroners elected in Georgia and Kentucky?

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    Ah, we only have ten of them in NC, and they already have that power. per the Wiki:

    In North Carolina, many counties ceased having coroners when the state judicial system was overhauled in the late 1960s. Medical examiners were appointed with a requirement to be a licensed physician, often a pathologist or forensic pathologist. Like the office of sheriff, no formal training or education is required for NC coroners, but most have historically beenmorticians from local funeral homes. Coroners are still officials in at least ten of the state's 100 counties. Coroners are charged by law to investigate cause and manner of any death caused by default of another person (homicide) and may convene a coroner's inquest with a jury of six jurors taken from the county jury pool. Coroners may arrest persons suspected of homicide and can charge other lesser crimes discovered during the course of any such investigation or inquest. They can hold persons in contempt of court for failing to cooperate or comply with an inquest and may issue arrest or material witness warrants, in addition to the setting of bails. Coroners also are required to act as sheriff, should a vacancy in the office occur. They are required to submit a report to the medical examiner and district attorney for cases they investigate.

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    Quote Originally Posted by GunnyFreedom View Post
    "You'll arrest me when I'm dead!"

    "we can arrange that Sheriff."

    Are coroners elected in Georgia and Kentucky?
    Yes they are. I saw one sign and one newspaper ad during the elections and was perplexed why it was an elected office. Now I know.

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    I'm in CD 5, Gunny. Let me know who I need to contact to support this, and I will.

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    Well, with only 10 coroners out of 100 I'm not sure if incorporating them would be too effective. I was thinking along the lines of a corrupt sheriff being superseded by the coroner if petitioned by the citizen.

    Anyways, I would contact these people for help on this. (Though it could be the same person answering, lol)

    http://sheriffmack.com/index.php/contact-us-mainmenu-3
    http://www.countysheriffproject.org/contact
    http://cspoa.org/contact/
    http://oathkeepers.org/oath/

    Glad you are taking steps to stop tyranny!

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    Quote Originally Posted by SpreadOfLiberty View Post
    Well, with only 10 coroners out of 100 I'm not sure if incorporating them would be too effective. I was thinking along the lines of a corrupt sheriff being superseded by the coroner if petitioned by the citizen.

    Anyways, I would contact these people for help on this. (Though it could be the same person answering, lol)

    http://sheriffmack.com/index.php/contact-us-mainmenu-3
    http://www.countysheriffproject.org/contact
    http://cspoa.org/contact/
    http://oathkeepers.org/oath/

    Glad you are taking steps to stop tyranny!
    Yes, I plan to franchise it to them, and to the 10th A center if they both like it. That's why I want to bang it out on principle and efficiency here.

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    Beaufort County, NC Passes Gun Law Nullification Resolution

    http://blog.tenthamendmentcenter.com...on-resolution/

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    Democrat’s Proposal Will Force Gun Owners to Store Assault Weapons At Government Approved Storage Depots!!!!!!

    http://m.thegatewaypundit.com/2013/0..._switcher=true
    Last edited by Noob; 01-20-2013 at 01:38 AM.

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    Hmm, so you are saying add something about the right to retain them on your property and to not have them required to be stored off site.

    At all times firearm owners in the State of North Carolina will be legally authorized to store their weapons in their own homes and on their own property. Any other law of any kind or source notwithstanding.

    huh..

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    probably another bill really, no section it works under.

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    Quote Originally Posted by Noob View Post
    Beaufort County, NC Passes Gun Law Nullification Resolution

    http://blog.tenthamendmentcenter.com...on-resolution/
    I would like the Legislature to give that Sheriff the explicit authority to arrest federal agents who come into their county and perform gun confiscations and other unconstitutional actions. Pass a Sheriffs First and Gun Rights Protection Act and let this fine Sheriff do his Constitutionally required job!

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    i see the bill defends a states right against the intra state commerce act.i doubt this bill will get far
    It was too weird to live, and too rare to die - hunter s. thompson .
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    In 2011 I actually introduced HB240 "Intrastate Commerce Act" to wit:

    http://www.ncleg.net/gascripts/BillL...11&BillID=H240

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    I say maybe the bill fails. you are on the record forever and ever and ever. So make it what you want. If the brass lets it move, let the committee sausage it up a bit where for certain the really extreme bits will be voted off the island anyway.

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