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Twelve States To Jail Feds Who Violate The 2nd Amendment Or Nullify Federal Gun Control Laws

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Texas, Florida, South Carolina, Missouri, Indiana, Tennesee, Oklahoma, North Dakota, New Mexico, Arizona, Alaska and Wyoming have proposed legislation to either jail federal officials who violate the second amendment or to nullify federal laws to control guns within state borders.

The 2nd Amendment Preservation Act is a state-level bill that renders all federal gun laws, regulations, rules, acts, orders, etc - null and void within the borders of the state. TRACK HERE
The Firearms Freedom Act declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The FFA is  primarily a Tenth Amendment challenge to the powers of Congress under the commerce clause, with firearms as the object. TRACK HERE
Introduced in Texas, House Bill 553 (HB553), is the Second Amendment Preservation Act. The bill reaffirms the 2nd         Amendment, as intended, and would nullify potentially anything from the federal government that contravenes in the State of Texas.
It reads, in part:
All federal acts, laws, executive orders, agency orders, and rules or regulations of all kinds with the 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 therefore, or requiring the registration of  any firearm or ammunition therefore, infringes upon Texans’ right to bear arms in direct violation of the Second Amendment to the Constitution of the United States, and therefore, any such law is not made in pursuance of the Constitution, is not authorized by the Constitution, and thus, is not the supreme law of the land, and consequently, is invalid in this State and shall be further considered null and void and of no effect in this State.The bill goes further than just affirmation of the 2nd Amendment. It requires compliance by state and federal agents.
A person who is a public servant commits an offense if the person, while acting under color of the person’s office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to 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 therefore, or requiring the registration of any firearm or ammunition therefore.The legislation specifies that the new law would apply not just to state employees, but federal ones as well.
”Public servant,” includes an officer, employee, or agent of the United States;  a branch, department, or agency of the United States; another person acting under a contract with a branch, department, or agency of the United States to provide a law enforcement or security service; or any other person acting under color of federal law.
Introduced by Missouri State Representative Casey Guernsey, with 61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House Bill 170 (HB170) would nullify any and all federal acts, orders, laws, statutes, rules, or regulations of the federal         government on personal firearms, firearm accessories, and ammunition.

The bill states, in part: “Any official, agent, or employee of the federal         government who enforces or attempts to enforce any act, order, law,         statute, rule, or regulation of the federal government upon a personal         firearm, a firearm accessory, or ammunition that is owned or         manufactured commercially or privately in the state of Missouri and that         remains exclusively within the borders of the state of Missouri shall be         guilty of a class D felony.”
North Dakota Introduced by Rep. Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman

Introduced by Sen. Larsen, Miller, Sitte
A BILL for an Act to create and enact three new sections to chapter  62.1-01 of the North Dakota Century Code, relating to forbidding state  governmental entities from providing aid and assistance to the federal government or any other governmental entity for the investigation, enforcement, and prosecution of federal firearms laws not in force as of January 1, 2013; to provide a penalty; to provide for retroactive  application; and to declare an emergency.
Florida 2ND Amendment Preservation Act
THE PEOPLE OF THE STATE OF FLORIDA DO ENACT AS FOLLOWS:
STATEMENT OF INTENT – The intent of this legislation is to reject any and all power or influence or interference of and by the federal government regarding the the right to keep and bear arms (including ammunition); and to prohibit prohibit federal actors from infringing on these rights within the borders of FLORIDA; and to prohibit state employees in aiding the federal actors         from infringing on these rights; and to provide felonious penalties of such.
SECTION 1 – THE LEGISLATURE OF THE STATE OF FLORIDA FINDS         THAT:
(a) The 2nd Amendment to the Constitution of the United States reads as follows, “A well regulated militia, being necessary to         the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
(b) The Constitution of the United States does not provide the federal government with the authority to impose acts, laws, orders, rules, or regulations relating to civilian-owned firearms, firearm accessories, or ammunition.
(c)         All federal acts, laws, orders, rules or regulations regarding  civilian-owned firearms, firearm accessories, or ammunition are in violation of the 2nd Amendment to the United States Constitution and the 10th Amendment of the United States Constitution. SECTION 2 -         PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS
(a) The Legislature of the State of FLORIDA declares that  all federal acts, laws, orders, rules, or regulations relating to civilian firearms, firearms accessories or ammunition – currently in effect at the time of passage of this act, or implemented after passage of this act – are in violation of the 2nd Amendment to the Constitution of the United States and are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state. (b) Any federal act, law, order, rule, or regulation  shall be unenforceable within the borders of Florida if the act, law, order, rule, or regulation does or attempts to:
(I) Ban, regulate, or restrict the civilian ownership, sale, transfer, or manufacture of a firearm, a firearm accessory, or ammunition; or (ii)         Require any civilian-owned firearm, firearm accessory, or ammunition to be registered in any manner; or (iii) Imposes federal taxes or fees  on any civilian-owned firearm, firearm accessory, or ammunition.
SECTION 3 – OFFENSES AND PENALTIES; DEFENSE OF Florida CITIZENS. (a) Any public officer, employee, or agent of the         State of Florida, or any employee of a corporation providing services to the State of Florida as defined in ___________, who enforces or attempts  to enforce any act, law, order, statute, rule or regulation of the  United States government relating to a civilian-owned firearm, firearm accessory or ammunition that is owned, sold, transferred, or manufactured commercially or privately in Florida shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not less than one (1) year and one (1) day or more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.
(b) Any official, agent, or employee of the government of the United States, or employee of a corporation providing services to the government of the United States who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a civilian-owned firearm, a firearm accessory, or  ammunition that is owned, sold, transferred, or manufactured commercially or privately in Florida shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not less than one   (1) year and one (1) day or more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.
(c) The Attorney General shall defend any civilian of Florida who is prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer, bearing, or possession of a civilian-owned firearm, a firearm accessory or ammunition owned, manufactured, or retained within the borders of Florida, and the Attorney General shall seek to invalidate any such federal law by all means available.
SECTION 4 – This act shall take effect upon being signed by the Governor
Sponsored by: KROEKER
AN ACT relating to firearms; providing that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in Wyoming; providing a penalty; and providing for an effective date
Alaska: HB 69

SPONSOR(S): REPRESENTATIVE(S) CHENAULT, Millett, Johnson, T.Wilson, Hawker, Olson, Feige, P.Wilson, Thompson, Keller, Gattis, Lynn, Saddler, Higgins, LeDoux, Foster
TITLE: “An Act exempting certain firearms and firearm accessories in this state from federal regulation; providing criminal penalties for federal officials who enforce or attempt to enforce a federal law, regulation, rule, or order regulating certain firearms and firearm accessories in this state; and providing for an effective date.”
South Carolina Senator Davis has filed SB 224 which is a Joint Resolution to Nullify Executive Orders infringing upon the second amendment, and the right to keep and bear arms. This Joint Resolution has been referred to the Senate Committee of Judiciary.
SB 224 states, “Any federal executive order restricting, abridging, or otherwise infringing upon the free exercise of a citizen’s second amendment right to keep and bear arms is unconstitutional and shall not be enforced by any federal, state, or local law enforcement agency within South Carolina.”
Senator Davis referenced District of Columbia v. Heller. This  Supreme Court held that, “the Second Amendment protects an individual’s  right to possess firearms and that the city’s total ban on handguns, as well as its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense, violated that right.”
13-3121. Arizona firearms; prohibited enforcement of federal laws; representation by the attorney general; classification; definition
A. A PUBLIC SERVANT OR A FEDERALLY LICENSED DEALER WHO SELLS  FIREARMS IN THIS STATE SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE ANY ACT,  LAW, STATUTE, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT RELATING TO A PERSONAL FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN THIS STATE AND THAT REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.
B. AN OFFICIAL, AGENT OR EMPLOYEE OF THE UNITED STATES GOVERNMENT SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE ANY ACT, ORDER, LAW, STATUTE,  RULE OR REGULATION OF THE UNITED STATES GOVERNMENT RELATING TO A PERSONAL FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN THIS STATE AND THAT REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.
C. THE ATTORNEY GENERAL MAY DEFEND A CITIZEN OF THIS STATE 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 THAT IS OWNED OR MANUFACTURED AND THAT IS RETAINED EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.
D. ANY FEDERAL LAW, RULE, REGULATION OR ORDER THAT IS EFFECTIVE ON OR AFTER JANUARY 1, 2013 IS UNENFORCEABLE WITHIN THE BORDERS OF THIS STATE IF THE LAW, RULE, REGULATION OR ORDER ATTEMPTS TO DO ANY OF THE         FOLLOWING:
1. BAN OR RESTRICT OWNERSHIP OF A SEMIAUTOMATIC FIREARM OR ANY MAGAZINE OF A FIREARM.
2. REQUIRE ANY FIREARM, MAGAZINE OR OTHER FIREARM ACCESSORY TO BE  REGISTERED IN ANY MANNER.
E. A PERSON WHO VIOLATES SUBSECTION B OF THIS SECTION IS GUILTY OF A CLASS 6 FELONY.
F. FOR THE PURPOSES OF THIS SECTION, “PUBLIC SERVANT” MEANS ANY OFFICER OR EMPLOYEE OF THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE, INCLUDING LEGISLATORS AND JUDGES, AND ANY PERSON WHO PARTICIPATES, AS JUROR, WITNESS, ADVISOR, CONSULTANT OR OTHERWISE, IN  PERFORMING A GOVERNMENT FUNCTION.
New Mexico HB114 – Introduced 01-17-13
RELATING TO FIREARMS; PROHIBITING THE ENFORCEMENT OF FEDERAL FIREARM LAWS; PROVIDING FOR THE DEFENSE OF NEW MEXICO RESIDENTS BY THE ATTORNEY GENERAL; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. PROHIBITING ENFORCEMENT OF FEDERAL FIREARM LAWS–PROVIDING FOR THE LEGAL DEFENSE OF NEW MEXICO  RESIDENTS–PROVIDING PENALTIES.–
A. A public officer or firearm dealer selling any firearm in New Mexico who enforces or attempts to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm or firearm accessory, or to ammunition, that is owned or is manufactured commercially or privately in New Mexico, and that remains exclusively within the borders of New         Mexico, is guilty of a third degree felony and shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for a definite term not to exceed three years or both.
B. An 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 or firearm accessory, or upon ammunition, that is owned or is manufactured commercially or privately in New Mexico, and that remains exclusively within the borders of New         Mexico, is guilty of a third degree felony and shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for a definite term not to exceed three years or both.
C. The attorney general may defend a resident of New Mexico 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 or firearm accessory or of ammunition owned or manufactured and retained exclusively within the  borders of New Mexico.
D. Any federal law, rule, regulation or order created or effective on or after July 1, 2013 shall be unenforceable within the borders of New Mexico if the law, rule, regulation or order attempts to:
(1) ban or restrict ownership of a semi-automatic firearm or a magazine of a firearm; or
(2) require a firearm, magazine or other firearm accessory to be registered in any manner.
E. As used in this section:
(1) “ammunition” means a projectile expelled by action of an explosive from a firearm;
(2) “firearm” means any weapon that 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;
(3) “firearm accessory” means an item that is used in conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, folding or aftermarket stocks and grips, speed loaders, ammunition carriers, optics for target identification and lights for target illumination;
(4) “firearm dealer” means a person engaged in the retail sale of firearms, firearm accessories or ammunition;
(5) “manufactured” means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including casting, machining, molding or other processes for working materials; and
(6) “public officer” means any officer or employee of the legislative, executive or judicial departments of the state or any of its agencies, and any officer or employee of any of the political subdivisions of the state.
Tennessee HB0042 – introduced 01-15-13
Firearms and Ammunition – As introduced, prohibits the enforcement and prosecution of certain federal law implemented or         executed on or after January 1, 2013, concerning certain firearms,  firearm accessories or ammunition. – Amends TCA Title 4; Title 7; Title    8; Title 38; Title 39; Title 41; Title 49 and Title 62.
North Dakota HB1183 – introduced 01-11-13
Introduced by Rep. Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman
Introduced by Sen. Larsen, Miller, Sitte
A BILL for an Act to create and enact three new sections to chapter 62.1-01 of the North Dakota Century Code, relating to forbidding state governmental entities from providing aid and assistance to the federal government or any other governmental entity for the investigation, enforcement, and prosecution of federal firearms laws not in force as of  January 1, 2013; to provide a penalty; to provide for retroactive application; and to declare an emergency.

 

 

http://cavnews.wordpress.com/2013/01/18/twelve-states-to-jail-feds-who-violate-the-2nd-amendment-or-nullify-federal-gun-control-laws/

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28 Responses to Twelve States To Jail Feds Who Violate The 2nd Amendment Or Nullify Federal Gun Control Laws

  1. jkdriss January 21, 2013 at 2:23 pm #

    I live in Oklahoma, thank goodness. As of today there are roughly 3 dozen different bills that are set to be introduced to not only nullify any federal actions, but to increase the rights and abilities of lawful gun owners to carry their firearms where they were once prohibited. I am not sure how many of these will pass, however some certainly will.

    • Fred Brownbill January 21, 2013 at 4:47 pm #

      I hope that all States eventually take up these laws and put a stop to this daily assault on our Second Amendment rights.

  2. Whisky Alpha January 21, 2013 at 4:58 pm #

    What they need to do is jail immediately any person that even proposes legislation regarding firearms or magazines “more” restrictive!

    Hell, we should make these anti-constitution politicians pay by losing their job for ANY legislation that tampers with the human rights listed in the constitution and implement my policy immediately!

    THAT would be introduced be someone to vote for, again, and again!

  3. Veronica January 21, 2013 at 5:00 pm #

    First Congress gives TOO MUCH POWER to one individual, then have no time to peruse bills b4 they r passed & just passes them because of time constraints, now attacking the amendment- created to protect US against those that would take advantage of our society for their own means…. Even being forewarned by Lincoln & Washington & others it’s still happening. Even the bible warns that “They Will Not Listen To Their People”. Unfortunately we can only wait for GOD to intervene with everything that is going on, it’s so ridiculous. When is enough, enough?

    • Fred Brownbill January 21, 2013 at 5:02 pm #

      This Country has never been more divided Veronica, and I fear that we will find out sooner, rather than later, when enough is enough.

      • Jay Varner January 21, 2013 at 7:02 pm #

        I agree with you Fred. Its coming soon. I just worry about our childrens futures.

  4. Robert Livermore January 21, 2013 at 8:28 pm #

    I wish Ohio would take these type of steps but I am afraid that we have to many Rinos in office that worry about being re-elected or what the media is going to say.

  5. DeepWheat January 21, 2013 at 8:58 pm #

    No “official” word, but rumors abound that a bill incorporating ALL of these features is being drafted or even already at the Revisor’s office in Topeka, thus adding Kansas to this list…

  6. Jill January 22, 2013 at 1:54 am #

    I have searched each page of this, but can find nothing on Indiana. Is it missing? Listed erroneously? The information is given for the HB, and who introduced them, and which line they are following, but nothing about Indiana. Please give me something to track on this. Thanks

  7. Floridastorm January 22, 2013 at 2:32 pm #

    Has anyone ever thought about how the federal government would go about removing guns from the millions of homes in this country? First of all, who would do it? The FBI? If so the FBI agents would have to go into a state and do what? Knock on the front door of every house? Would they ask the person, who answers the door, if they have guns in the house? Just like local law enforcement the FBI agents would have to obtain a search warrant to enter the house if the home owner did not allow them in. In every state probable cause is required for a judge to issue a search warrant. What probable cause would the agents have?

    This entire thing is a joke. Don’t people reason before they act or speak. Logic has all but disappeared in this country. It’s nice to know that local sheriffs will not obey federal dictates and that legislation is in process by the states to prevent federal agents from denying 2nd amendment rights to citizens. But, the just the enormity of the task and the search warrant protocol is enough to render this an entire exercise in futility by the federal government.

    • Fred Brownbill January 22, 2013 at 4:20 pm #

      The method would be that they already have a list of people that they would first want to disarm, by any means needed. That would set the tone for many others who may at that time willingly surrender their arms. They could use agents from ATF or local law enforcement that would support this unconstitutional order. They know who has firearms and ammunition but also know that fear wil make a lot of owners compliant, as it did in all other countries where confiscation has taken place.

    • Spoon February 4, 2013 at 5:52 pm #

      We’re all aware of DHS’s stockpiling of automatic rifles, shotguns and pistols. 450 million? rounds of HP 40 cal plus the fodder to feed the rifles and scatterguns should make anyone question their motives to purchase at a time when the “natives” are growing tired and becoming restless because of Federal debauchery. Add in the NDAA’s clause for “Indefinite Detention” along with the photographic documentation of “Internment Camps” and it all adds up to NO GOOD?

      Only time will tell whether which side has more fortitude to pursue their goals. The power-crazed, control “freaks” just don’t seem to understand U S Constitutional Law and the simple wording of the 1st, 2nd, 4th, etc Amendments. The Keystone of Liberty is the 2A! “Not on our watch”!

    • Jeff April 12, 2013 at 1:07 pm #

      Floridastorm,

      They would probably do it the same way it was done in Germany and the same way it was done in Russia. Your leader has studied communism in college so I would think he already has an idea of how he would do it.

    • Chuck White June 29, 2013 at 12:09 am #

      Well its called power my dear friend and people like you turn a blind eye and give them what they want so they take a little more every time till they have it all… if you don’t take a stand your laying down and we the american people fight for the land of the free and the home of the brave…. we have stood by and watched our country loose all morals and integraty long enough stand united and speak my brothers and sissters

  8. Charles Howard January 22, 2013 at 10:13 pm #

    Send me a petition for Kentucky to join and I will send it around for signatures, thank you so much for all that you are doing.

    • Fred Brownbill January 23, 2013 at 1:19 pm #

      You can probably copy most of what is here, or contact your local 10th amendment center who I am sure are working on it as we speak.

  9. Grey Greymane January 23, 2013 at 2:14 am #

    I am happy that I live in a state that is included in the list of 12, but I am disappointed to not yet see the name of my home state of South Dakota on the list.

  10. Stephen Ray Hale January 23, 2013 at 6:28 am #

    I know that ANY Federal officer coming to my house for any trumped up charges under whatever color of law (including IRS) will have to wait for the Sheriff to come and take me under custody. In other words, only my Sheriff of my County can bring me into custody, and if he feels right, to transfer me THEN to whatever Federal officer. I will never submit to any Federal officer now a days.

  11. JD Reed January 24, 2013 at 8:50 pm #

    Folks, have you thought about how these proposed bills relate to the Supremacy Clause of the Constitution? Short version is that any constitutional federal law trumps any otherwise valid state constitutional provision or law. Now these bills are aimed largely at two provisions of the Brady Bill that were presumptiively constitutional , regarding military-type weapons and ammo magazine capacity. I say presumptively constitutional because the NRA tried to get the entire Brady Bill declared unconstitutional and succeeded only in getting a ruling that state’s law enforcment officers did not have to help enforce the federal law. That’s a country mile from saying that local and state law enforcement can forcibly prevent federal law officers from doing their jobs. That would be unconstitutional, under the Supremacy Clause, and would also appear to violate federal criiminal law that makes it a jailable offiense to interfere with a federal worker in the performance of his duties. 18 U.S.C.A. 111
    I doubt that Congress will change the law regarding military-type weapons,and it may or may not limit magazine capacity, whole it seems fairly likely to enact unversal background checks.

    I suspect that when the dust settles on this, those jumping for joy now will be less than pleased later..

    • RS White February 14, 2013 at 9:01 pm #

      I understand what you are infering, but unconstitutional is unconstitutional no matter how they twist words to meet their agenda. Remember….the Supreme Court was never given the power of Judicial Review in the Constitution. They just started doing it and no one really argued. That being said, see the tenth amendment. This is simply the states finally taking back a power that the Supreme Court stole many many years ago. It is the responsibility of the States to determine the Constitutionality of Federal laws….not the Supreme Courts.

  12. Spoon February 4, 2013 at 5:44 pm #

    I have doubts as to whether Missouri’s Gov. Nixon will have the gumption to sign this key legislation supporting the Second? The powers to do this as well as the independent powers of Sheriff’s across this nation (where applicable) is set forth under the 10th Amendment and has been upheld in Federal Court.

    Why else would CT (if I’m not mistaken) with just 3 counties be experiencing attempts by the State Govt. to end their abilities to actually take care of the people that elected them into that position?

    Stand tall…Stand OUR Ground!

  13. Dale Goeb November 30, 2013 at 9:40 am #

    “An unconstitutional act is not law; it confers no rights; it imposes no duties, affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” -1886 Supreme Court decision Norton v. Shelby County:

    “All laws which are repugnant to the Constitution are null and void.” -1803 case of Marbury v. Madison

    North Dakota Wrongfully Convicted
    https://sites.google.com/site/nodakwc/

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