Category Archives: 10th Amendment

By Dave Mundy/manager@gonzalescannon.com
Posted February 19, 2013 – 7:22pm

In 1835, Santa Anna moved to disarm Texans for opposing his policies. At the little town of Gonzales, a small band of men sent him a message: “Come and Take It!”
A similar message is now on its way to Washington.
Gonzales City Council on Tuesday passed a resolution in support of the Second Amendment’s guarantee of the right to keep and bear arms and stating in no uncertain language that any of the proposed restrictions, even if passed by Congress, will be null and void in the city limits.
“In recent months the U.S. has experienced tragic incidents where suspects with firearms inflicted death and injury upon both children and adults,” City Manager Allen Barnes said in his briefing for the Council. “The visceral reaction to these incidents has been to call for limits upon the individual right to keep and bear specific arms which is guaranteed by the Second Amendment of the U.S. Constitution. Congress is currently considering legislation that would not only restrict the right of one to own particular weapons, but may require the surrender or seizure of weapons from individuals.
“Should the U.S. approve these gun control measures the City of Gonzales will find itself in a situation very similar to the situation it was in during the fall of 1835,” Barnes added. “While the political circumstances are somewhat different, the subject matter is very similar. And we all know the immortal ‘Come and Take It’ was our response then.”
Councilman Tommy Schurig motioned for approval and read the resolution. It was approved unanimously, eliciting a round of applause from the audience.
The resolution spells out the city’s position that any restriction on types of firearms, ammunition or magazines is in violation of the Second Amendment, and that any order to surrender or take such weapons is in violation of the Fourth Amendment’s guarantee of freedom from unlawful search and seizure. The resolution also cites the Ninth and Tenth Amendments’ guarantees that Congress cannot extend itself beyond the powers granted by the Constitution.
The resolution notes that “All federal acts, laws, executive orders, agency orders, and rules or regulations of all kinds with purpose, intent or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition … or requiring the registration of any firearm…shall be further considered null and void and of no effect in this City.”
The resolution directs city employees and agencies to refuse any requests or directives from federal agencies acting in unconstitutional fashion, and calls on other municipalities and jurisdictions to pass similar measures.
The resolution also directs that copies of the city’s action be transmitted to all levels of government, including President Obama and both houses of Congress as well as individual legsilators at the national and state level.

http://www.gonzalescannon.com/node/12996