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Can a republican president and congress undue Healey, gun laws
- Thread starter beach
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The Supreme Court could step in but it's unlikely. That Transgender hogwash in NC was supposedly unconstitutional but it's also states rights. It all depends on how it's interpreted and who interprets it. Someone has to file with the SCOTUS as well, and the only ones that can afford that are manufacturers or the NRA
I believe the bill of rights, 2nd amendment my rights should TRUMP states rights.
xtry51
NES Member
Sure he can. Lincoln did it. (I'm not supporting this course, I'd rather see armed revolt).
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Yes, but not directly. It all comes down to SCOTUS seats. A "President" Hillary has already said the 2A is dead when she appoints a SCOTUS member. Ginsburg, a sitting member of the court has already indicated that she expects Hillary to win and that they will overturn Heller.
So in a way, a president Trump is our last hope for having a functional 2A in 6 months.
So in a way, a president Trump is our last hope for having a functional 2A in 6 months.
CaseHardened
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YES
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Not since 1865, when Lincoln stripped them away.
It has to go through SCOTUS or a constitutional amendment I think. CT Carry took our crappy law to the SCOTUS but was just denied cert. When they started Scalia was still alive so they wanted it reviewed asap. After he died the 4-4 lib/conservative split spelled the doom of the challenge.
So CT's AWB is now solidified somewhat because the circuit court upheld it and the SCOTUS wouldn't hear it. The only good part, and it's very small, is that the denial of cert did not mean the SCOTUS agreed or disagreed with the AWB, just that they decline to hear it. I think that means it could be brought up again later because of that. Had they heard it and upheld it we would have no options instead of very meager ones.
So CT's AWB is now solidified somewhat because the circuit court upheld it and the SCOTUS wouldn't hear it. The only good part, and it's very small, is that the denial of cert did not mean the SCOTUS agreed or disagreed with the AWB, just that they decline to hear it. I think that means it could be brought up again later because of that. Had they heard it and upheld it we would have no options instead of very meager ones.
AHM
NES Member
Yep, if Congress wanted to, they could pass a law that kicks out the jams on any and all state firearms regulations. But it would be difficult if not impossible to structure it to prevent them from repealing it just as easily. That could leave some states' residents in the lurch even worse than before.
Do you not believe in civil rights?
Depends on who's rulebook you want to follow
If you want theme and variation on Pres golf cart the new President Trump could issue an executive order to do all sorts of nasty things to mAss officials who violate 2A....and then the new AG in the DoJ by the name of Ted Cruz could prosecute the snot out of m*******s in gov
If you want theme and variation on Pres golf cart the new President Trump could issue an executive order to do all sorts of nasty things to mAss officials who violate 2A....and then the new AG in the DoJ by the name of Ted Cruz could prosecute the snot out of m*******s in gov
it has to work its way up there. First through the MASS court system, which means you file suit and lose you then appeal to the next highest court so if you start in the trial court system you appeal to the MA Appeals Court, lose there and appeal to the MA SJC. Of course any one of them can refuse to hear the appeal and send it back down. Then assuming you get to MA SJC and lose, next move is Federal District Court and same deal there. And the SCOTUS can always just refuse to hear the case anyway.
Except for the 2A itself of course, if push comes to shove.
KBCraig
NES Member
The only thing that can be done legislatively is to repeal completely every federal firearms law. State and local laws would remain in place, just as they always have. They'd also be more widely ignored, with interstate shopping options.
Relying on judicial appointments is a fool's game, because even Republican presidents have appointed horribly anti-2A judges.
Relying on judicial appointments is a fool's game, because even Republican presidents have appointed horribly anti-2A judges.
Same here, this isn't a case of states rights, its tyranny. Hopefully Trump wins and uses the Trump DOJ to stuff a boot up the ass of states denying their own citizens their second amendment rights
kevin9
NES Member
It's a potentially dangerous path. The most I'd want to see is a law that exactly codifies Heller and McDonald, and preempts states from just on that law.
Sadly I do not see it happening. Congressional Republicans are too namby-pamby to do anything like this, and IMNSHO Trump is not committed strongly enough to 2A to take on Congress for this topic. He's going to be fighting them enough as it is for things he really cares about that he won't expend his limited political capital to fall on this sword.
Sadly I do not see it happening. Congressional Republicans are too namby-pamby to do anything like this, and IMNSHO Trump is not committed strongly enough to 2A to take on Congress for this topic. He's going to be fighting them enough as it is for things he really cares about that he won't expend his limited political capital to fall on this sword.
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