The town is small, but the message is clear: do not infringe.
A police chief in Gilberton, Pennsylvania, a small burough in Schuylkill County with a population of only 867 people, is proposing a "2nd Amendment Preservation" Ordinance that he plans to present to the city council during its January 24, 2013 meeting.
The ordinance, if adopted, would formally require the city to "enact any and all measures as may be necessary" to prevent the violation of the 2nd Amendment by any federal, state or local entity.
In addition to formally recognizing the 2nd Amendment to the Constitution, which guarantees the right to keep and bear arms, Chief of Police Mark Kessler, who wrote the proposal, also pointed out the additional protection under the Pennsylvania constitution which specifically recognizes the "Right to Bear Arms" under Sections 21.
That section reads, in full, "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
The proposal would further require the local government to nullify "all federal, state or local acts in violation of the 2nd Amendment" and declare them to be invalid within Gilberton Borough limits. The right to nullify unconstitutional laws is granted under the 10th Amendment to Constitution, which further reserves powers not explicitly granted to the (limited) federal government to the states and the people.
Yet if dozens, hundreds or even thousands of cities and states across the country take similar action, encroachment by unconstitutional laws or policies can be pushed back, or stopped. An attempt to pass draconian gun control laws in the state of Illinois was stalled earlier today after calls flooded in from across the country in opposition.
On the legal process and fact of nullification:http://archive.org/details/UryNullificationAndPeoplesGrandJury-ThePowerToEndDictatorshipIsInhttp://archive.org/details/Nullification-TheRightfulRemedy-FullMovieByJasonRinkhttp://archive.org/details/TheDeclarationOfIndependenceAndYourCompleteConstitution-WithEasy
HOW IT WORKS
Any laws, statutes, ordinances, regulations, rules, and procedures contrary to the U.S. Constitution, as written by its framers, are null and void, as expressed in the Sixteenth American Jurisprudence Second Edition, Section 177:
'The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.'