Saturday, March 2, 2013

Brian Kelsey files resolution to oppose Second Amendment violations

In the debate over SB250 there is an effort on the part of those who support the concept of nullification and want to require law enforcement officers to arrest federal agents who attempt to enforce gun laws in Tennessee, to label those who disagree with them as soft on the Second Amendment.  Such is not the case.  Brian Kesey, chairman of the Senate Judiciary committee, has a strong record of supporting gun rights.  He, however, recognized the supremacy clause of the Constitution.

“The Constitution doesn’t let you force sheriff’s deputies, against their will, to shoot and kill federal authorities who are enforcing U.S. Supreme Court decisions,” he is quoted as saying in an article that appeared in the Tennessean.

Following his successful effort to stop Senate Bill 250, Senator Mae Beavers' nullification bill, from getting out of committee, Senator Brian Kelsey introduced a resolution (SR0017) of his own that puts the State Senate on record as expressing its "firm intention and resolve to fully marshal the legal resources of the state of Tennessee to judicially challenge and overturn any effort by the federal government to restrict or abolish the right of the people to keep and bear firearms or ammunition."

I support this resolution by Senator Kelsey as well as SB40 sponsored by Senator Nicely (HB10 by Rep. Faison). SB40 says that no state funds, property or  personnel can be used to enforce a new federal gun law. That is appropriate and sensible. There is a big difference between saying the state will not enforce a federal gun law and saying agents of the State will arrest agents of the Federal Government who enforce Federal law. The approch of Senator Nicely and Rep. Faison in proposing the state not enforce federal law and the approach of Senator Kelsey in proposing that the the Senate go on record as resolving to fight in the courts any new restrictions on the Second Amendment are reasonable and sensible responses to new gun laws that may violate the Second Amendment. Ordering local sheriffs to stop federal agents from carrying out federal law is just nuts and will get people killed.

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1 comment:

  1. Thanks, Rod. SB40 is interesting. That is exactly what I proposed in a recent Facebook discussion with Tracy Tarum. I'm glad to see such legislation proposed.
    Gene Wisdom