State and National Security Petition

Repeal the unconstitutional laws, SF0102 and HB0095

2/16/202314 min read

State & National Security Petition

Pursuant to the Constitution of the United States of America Amendment I (1) and to the Constitution of the State of Wyoming Article I (1) Section XXI (21) as citizens of the United States, residents of the State of Wyoming and residents of the County of Campbell hereby exercise our constitutionally protected “right” to petition our government for redress of violations of the Constitution for the United States of America on 01/04/2023. Therefore; The State of Wyoming by virtue of her governing bodies are and have been in collusion with the Federal Government and Judicial System to usurp the rights reserved to the people [Amendment IX (9)] of the United States of America via enforcement of powers not enumerated to the United States nor to the States [Amendment X (10)]. Whereas; HB0095 Wyoming Firearms Freedom Act (2010) & SF0102 Second Amendment Protection Act (2022) are unconstitutional per the Constitution of the United States of America Article IV (4) Section II (2), Amendment II (2), Amendment IX (9), Amendment XIV (14) Section I (1) and blatant in contradiction to the intentions established by the Founding Fathers. [Quote] "On every question of construction (of the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed." (Thomas Jefferson, letter to William Johnson, June 12, 1823). [Court Precedent] New York State Rifle & Pistol Association Inc v. Bruen (2022) that under the Second Amendment of the U.S. Constitution, the government cannot restrict the right to possess firearms unless the restriction is consistent with historical tradition. Whereas: The Founding Fathers intentions and the Constitution of the United States of America has been misconstrued and/or blatantly distorted to disarm the people and disband the militia of the several states of a force capable of projecting military force against standing armies foreign or domestic. [Quote] "Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive. " (Noah Webster, "An Examination into the Leading Principles of the Federal Constitution," 1787) Whereas; HB0095 restricts the weapons and ammunition required to support a functional militia and/or defense against standing armies [Court Precedent] United States v. Miller (1939) whether the arm "at this time" is "ordinary military equipment" or its use "could" potentially assist in the common defense. SF0102 willingly surrenders Amendment X (10) directly in conflict with Amendment IX (9) stripping the power of the people, expanding beyond enumeration the power of the Federal Government. Although SF0102 cites Printz v. United States there is no evidence the State of Wyoming has been coerced nor commandeered in her acceptance of federal funding or willingness to assist federal agencies. This endangers the rights of the citizens of Wyoming to the Bi-Partisan Safer Communities Act, HR1808 as well as any current or future unconstitutional acts, executive orders, rules or laws that infringe on the Constitution of the United States Amendment II (2). Thus; We the people demand the Commissioners of Campbell County uphold their oath to the Constitution of the United States of America by delivering this petition within 30 days to the State of Wyoming, Governor Mark Gordon & the 67th Legislature for the repeal of the unconstitutional laws; HB0095, SF0102 and all referenced unconstitutional statutes.

Below are the laws in question, summary: accepts federal funds, provides assistance to feds, may but not required to protect arms made in Wyoming, no teeth to punish those who may violate your constitutional rights, limits the types of arms you may have. Despite the attempt to appear legitimate I have added every statute referenced to SF0102 so it is easy to see the deception;

9-14-201. Short title. This article shall be known and may be cited as the "Second Amendment Protection Act." 9-14-202. Declaration of authority. (a) The Second Amendment Protection Act is enacted under the authority of the second and tenth amendments to the United States Constitution, article 1, section 24 of the Wyoming Constitution, Wyoming's agreement with the United States that the state adopted when it joined the Union under the United States Constitution's system of dual sovereignty, and Printz v. United States, 521 U.S. 898 (1997). (b) The legislature further declares that the authority for W.S. 9-14-201 through 9-14-203 is provided by the findings in W.S. 6-8-406. · W.S. 6-8-406 Legislative findings and declaration of authority. (a) The legislature declares that the authority for W.S. 6-8-402 through 6-8-406 is the following: (i) 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 the people of Wyoming certain powers as they were understood at the time that Wyoming was admitted to statehood in 1890. The guaranty of those powers is a matter of contract between the state and people of Wyoming and the several states comprising the United States as of the time the Act of Admission was agreed upon and adopted by Wyoming and the several states comprising the United States in 1889; (ii) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Wyoming certain rights, as they were understood at the time Wyoming was admitted to statehood in 1890. The guaranty of those rights is a matter of contract between the state and people of Wyoming and the several states comprising the United States as of the time the Act of Admission was agreed upon and adopted by Wyoming and the United States in 1889; (iii) The regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States constitution, particularly if not expressly preempted by federal law pursuant to article 1, section 8 of the United States constitution. The United States congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories and ammunition; (iv) 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 the original states ratified the bill of rights to the United States constitution, and the guaranty of the right is a matter of contract between the state and people of Wyoming and the United States as of the time the Act of Admission was agreed upon and adopted by Wyoming and the United States in 1889; (v) Article 1, section 24, of the Wyoming constitution secures the right of citizens the right to keep and bear arms and this right shall not be denied. This right predates the United States constitution and the Wyoming constitution and is unchanged from the 1890 Wyoming constitution, which was approved by congress and the people of Wyoming, and the right exists, as it was agreed upon and adopted by Wyoming and the United States in the Act of Admission; (vi) Article 1, section 1, of the Wyoming constitution provides that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for all the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper; (vii) Article 1, section 7, of the Wyoming constitution provides that absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority; (viii) Article 1, sections 1 and 7, of the Wyoming constitution clearly provide that the people of the state have the sole and exclusive right of governing themselves as a free, sovereign and independent state, and do so and forever hereafter shall exercise and enjoy every power, jurisdiction and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America; (ix) The declaration of independence clearly provides that government derives its power directly from the consent of the governed and Wyoming affirms the language of the second paragraph of the declaration of independence which states "We hold these truths to be self-evident, that all men are created equal, that they are endowed by the Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...". o 6-8-402. Short title; applicability. (a) This act shall be known and may be cited as the "Wyoming Firearms Freedom Act". (b) This act shall apply to firearms, firearm accessories and ammunition that are manufactured in Wyoming. o 6-8-403. Definitions. (a) As used in this act: (i) "Ammunition" means any projectile expelled by action of an explosive from a firearm but shall not include any projectile designed to pierce armor; (ii) "Borders of Wyoming" means the boundaries of Wyoming as described in Section 2 of the Act of Admission of the state of Wyoming, 26 United States Statutes at Large, 222, chapter 664; (iii) "Firearm" means any weapon which will or is designed to expel a projectile by the action of an explosive. "Firearm" shall not include any fully automatic weapon or any weapon designed to fire a rocket propelled grenade or any explosive projectile; (iv) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, optics for target identification and lights for target illumination; (v) "Generic and insignificant parts" includes, but is not limited to, springs, screws, nuts and pins; (vi) "Manufactured" means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including, but not limited to forging, casting, machining, molding or other processes for working materials; (vii) "This act" means W.S. 6-8-401 through 6-8-406; (viii) "Antique firearm" means: (A) Any muzzleloading firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before 1898; (B) Any replica of any firearm described in subparagraph (A) if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (C) Any muzzleloading rifle, muzzleloading shotgun or muzzleloading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this paragraph, the term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzleloading weapon or any muzzleloading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. o 6-8-404. Regulation by state of firearms, firearms accessories, ammunition and antique firearms manufactured in Wyoming; exceptions. (a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming is not subject to federal law, federal taxation or federal regulation, including registration, under the authority of the United States congress to regulate interstate commerce. It is declared by the Wyoming legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in Wyoming from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state or foreign country. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories or ammunition, and their importation into Wyoming and incorporation into a firearm, firearm accessory or ammunition manufactured in Wyoming does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the Wyoming legislature that basic industrial materials, such as, but not limited to, polymers, unmachined metal, ferrous or nonferrous, bar stock, ingots or forgings and unshaped wood, are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition. The authority of the United States congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories and ammunition made within Wyoming borders from those materials. Firearms accessories that are imported into Wyoming from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because the firearm accessory is attached to or used in conjunction with a firearm in Wyoming. (b) A firearm manufactured or sold in Wyoming under this act shall have the words, "made in Wyoming" clearly stamped, inscribed or otherwise marked on a central part of the firearm, such as the receiver or frame. (c) To possess a firearm covered by this section a person shall: (i) Not have been convicted of any felony in any state, territory or other jurisdiction of the United States. This paragraph shall not apply to antique firearms; (ii) Not currently be adjudicated to be legally incompetent; and (iii) Not have been committed to a mental institution. (d) To purchase a firearm covered by this section a person shall: (i) Be at least: (A) Twenty-one (21) years of age if the firearm is a handgun; (B) Eighteen (18) years of age if the firearm is a shotgun or rifle. (ii) Not have been convicted of any felony in any state, territory or other jurisdiction of the United States. This paragraph shall not apply to antique firearms; (iii) Not currently be adjudicated to be legally incompetent; and (iv) Not have been committed to a mental institution. o 6-8-405. Offenses and penalties; defense of Wyoming citizens. (a) No public servant as defined in W.S. 6-5-101, or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming. (b) Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both. (c) The attorney general may defend a citizen of Wyoming who is prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition manufactured and retained exclusively within the borders of Wyoming. § W.S. 6-5-101. Definitions. (a) As used in this article: (i) "Government" includes any branch, subdivision or agency of the state of Wyoming or any city, town, county, school district or special district within it; (ii) "Governmental function" includes any activity which a public servant is legally authorized to undertake on behalf of a government; (iii) "Harm" means loss, disadvantage or injury; (iv) "Pecuniary benefit" is benefit in the form of property; (A) Repealed by Laws 2015, ch. 82, § 2. (B) Repealed by Laws 2015, ch. 82, § 2. (C) Repealed by Laws 2015, ch. 82, § 2. (v) "Public officer" means a person who holds an office which is created or granted authority by the constitution or the legislature and who exercises a portion of the sovereign power of the state; (vi) "Public servant" means any public officer, employee of government, or any person participating, as juror, witness, advisor, consultant or otherwise, in performing a governmental function. o 6-8-406. Legislative findings and declaration of authority. (a) The legislature declares that the authority for W.S. 6-8-402 through 6-8-406 is the following: (i) 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 the people of Wyoming certain powers as they were understood at the time that Wyoming was admitted to statehood in 1890. The guaranty of those powers is a matter of contract between the state and people of Wyoming and the several states comprising the United States as of the time the Act of Admission was agreed upon and adopted by Wyoming and the several states comprising the United States in 1889; (ii) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Wyoming certain rights, as they were understood at the time Wyoming was admitted to statehood in 1890. The guaranty of those rights is a matter of contract between the state and people of Wyoming and the several states comprising the United States as of the time the Act of Admission was agreed upon and adopted by Wyoming and the United States in 1889; (iii) The regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States constitution, particularly if not expressly preempted by federal law pursuant to article 1, section 8 of the United States constitution. The United States congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories and ammunition; (iv) 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 the original states ratified the bill of rights to the United States constitution, and the guaranty of the right is a matter of contract between the state and people of Wyoming and the United States as of the time the Act of Admission was agreed upon and adopted by Wyoming and the United States in 1889; (v) Article 1, section 24, of the Wyoming constitution secures the right of citizens the right to keep and bear arms and this right shall not be denied. This right predates the United States constitution and the Wyoming constitution and is unchanged from the 1890 Wyoming constitution, which was approved by congress and the people of Wyoming, and the right exists, as it was agreed upon and adopted by Wyoming and the United States in the Act of Admission; (vi) Article 1, section 1, of the Wyoming constitution provides that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for all the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper; (vii) Article 1, section 7, of the Wyoming constitution provides that absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority; (viii) Article 1, sections 1 and 7, of the Wyoming constitution clearly provide that the people of the state have the sole and exclusive right of governing themselves as a free, sovereign and independent state, and do so and forever hereafter shall exercise and enjoy every power, jurisdiction and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America; (ix) The declaration of independence clearly provides that government derives its power directly from the consent of the governed and Wyoming affirms the language of the second paragraph of the declaration of independence which states "We hold these truths to be self-evident, that all men are created equal, that they are endowed by the Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...". 9-14-203. Prohibiting the enforcement of federal regulation of firearms, firearm accessories, magazines and ammunition; penalties; defense of Wyoming citizens. (a) This state and all political subdivisions of this state are prohibited from using any personnel or funds appropriated by the legislature of the state of Wyoming or any other source of funds that originated within the state of Wyoming to enforce, administer or cooperate with any unconstitutional act, law, treaty, executive order, rule or regulation of the United States government that infringes on or impedes the free exercise of individual rights guaranteed under the Second Amendment to the Constitution of the United States. (b) Nothing in this act shall limit or restrict a public officer, as defined in W.S. 6-5-101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit Wyoming governmental entities from accepting federal funds for law enforcement purposes. · W.S. 6-5-101(a)(v) "Public officer" means a person who holds an office which is created or granted authority by the constitution or the legislature and who exercises a portion of the sovereign power of the state; (c) Any public officer, as defined in W.S. 6-5-101(a)(v), who knowingly violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both. · W.S. 6-5-101(a)(v) "Public officer" means a person who holds an office which is created or granted authority by the constitution or the legislature and who exercises a portion of the sovereign power of the state;