WS>>RKBA: HR 276 IH States' Rights and Second and Tenth Amendment Restoration Act of 2003

carl william spitzer iv cwsiv_2nd at JUNO.COM
Fri May 23 15:35:04 MDT 2003


          More  commonly known as the Lautenburg amendment,  this
     post-facto law has stripped thousands of their 2A rights and
     has been used in countless cased of *domestic violence*.

          Kevin L. <boclonka at oregontrail.net>
          Guns Save Lives!
          ***************************



          States' Rights and Second and Tenth Amendment  Restora-
     tion Act of 2003 (Introduced in House)

          HR 276 IH
          108th CONGRESS
          1st Session

          To  repeal section 658 of Public Law 104-208,  commonly
     referred to as the Lautenberg amendment.


          IN THE HOUSE OF REPRESENTATIVES

          January 8, 2003
          Mr.  GOODE (for himself, Mr. JONES of  North  Carolina,
     and  Mr.  PAUL)  introduced the following  bill;  which  was
     referred to the Committee on the Judiciary



----------------------------------------------------------------------------


          A BILL
          To  repeal section 658 of Public Law 104-208,  commonly
     referred to as the Lautenberg amendment.


          Be  it enacted by the Senate and House  of  Representa-
     tives of the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

          This Act may be cited as the `States' Rights and Second
          and Tenth Amendment Restoration Act of 2003'.



     SECTION 2. FINDINGS AND PURPOSE.



       (a) CONGRESSIONAL FINDINGS:



        (1)Domestic  Violence remains a very serious  problem  in
           the United States. It is a dangerous crime and  should
           be punished as such, including, where appropriate,  as
           a felony.

        (2)Many  States have classified Domestic Violence  crimes
           as  misdemeanors, others as felonies. States  are  the
           proper authority, rather than the Federal  Government,
           to classify Domestic Violence offenses.

        (3)Where  appropriate,  States should  classify  Domestic
           Violence offenses as a felony.

        (4)Section  658 of Public Law 104-208, commonly  referred
           to  as  the Lautenberg  amendment,  oversteps  Federal
           authority, violating States' rights, because no  nexus
           has been shown to exist between Domestic Violence  and
           interstate commerce.

        (5)The Lautenberg amendment does not deal with a  subject
           delegated  to Congress under article I, section  8  of
           the Constitution of the United States and is therefore
           unconstitutional  under  the tenth  amendment  to  the
           Constitution,  as  interpreted  by  United  States  v.
           Lopez.

        (6)The Lautenberg amendment oversteps Congress's power to
           regulate commerce as delineated by the Commerce Clause
           of the United States Constitution.

        (7)Some  of the strictest gun control laws are  found  in
           cities  where  the number of incidents of  guns  being
           used in violent crimes is the highest.  Therefore, the
           Lautenberg  amendment  does not  reduce  incidents  of
           domestic violence.

        (8)State  and  Federal judges already have the  power  to
           deny  persons convicted of misdemeanors the  right  to
           possess  firearms as a condition of probation  or  pa-
           role.

        (9)The  Lautenberg amendment is an unfunded Federal  man-
           date because States are liable for the costs of  moni-
           toring  those citizens who have been banned  for  life
           from owning a firearm. Many times this lifetime ban is
           a result of a misdemeanor, not a felony.

       (10)Section  658 of the Treasury-Postal portion of  Public
           Law 104-208 violates all notions of constitutional due
           process  and constitutes an ex post facto law  because
           it imposes a criminal penalty on crimes which were not
           subject to that penalty at the time of the Act.

       (11)Law-abiding  citizens  use guns to  defend  themselves
           against  criminals as many as 2.5 million times  every
           year. Of these self-defense cases, as many as  200,000
           are  by  women  defending  themselves  against  sexual
           assault.

       (12)Section  658 of the Treasury-Postal portion of  Public
           Law  104-208 will, if allowed to stand, result in  the
           disarming of millions of citizens, including women, on
           account of misdemeanor offenses which, in many  cases,
           were committed long before the effective date of  that
           Act.

       (13)Section  658 of the Treasury-Postal portion of  Public
           Law 104-208 will, in many cases, disarm battered women

           who need access to firearms in order to protect  them-
           selves  from their battering spouses as well  as  from
           common criminals.

       (14)Section  658 of the Treasury-Postal portion of  Public
           Law 104-208 will, if allowed to stand, impose a  life-
           time  gun ban on persons who committed acts  so  minor
           that they were not even entitled to a jury trial prior
           to conviction.

       (15)Section  658 of the Treasury-Postal portion of  Public
           Law 104-208, will, if allowed to stand, result in  the
           disarming and dismissal of a significant number of law
           enforcement  officers  and  American  servicemen,   on
           account  of  misdemeanors, which in many  cases,  were
           committed long before the effective date of that Act.

       (16)Section  658 of the Treasury-Postal portion of  Public
           Law  104-208  ignores  the  real  problem  surrounding
           domestic violence in that truly violent offenders  are
           allowed to plea-bargain down to misdemeanors.

       (b) PURPOSE-  It  is the purpose of this  Act  to  restore
           States' rights, the tenth amendment, and second amend-
           ment freedoms.

     SECTION 3. REPEALER.

            Section 658 of the Treasury-Postal portion of  Public
          Law  104-208 is repealed and is null and void as if  it
          had not been enacted, and all provisions of law amended
          by such section are restored as if section 658 had  not
          been enacted.
     SECTION 4. EFFECTIVE DATE.

          This Act shall take effect as if included in the Treas-
          ury-Postal portion of Public Law 104-208. Any  liabili-
          ty,  penalty, or forfeiture incurred by any  person  by
          reason  of  the application of any  amendment  made  by
          section  658 of the Treasury-Postal portion  of  Public
          Law  104-208 is hereby extinguished, and any action  or
          prosecution for the enforcement of any such  liability,
          penalty, or forfeiture shall not be sustained.


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