Court Rules Kansas Law Exempting Guns From Federal Regulations Doesn’t Work

Uzi2

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Nullification as practiced by states in past revolves around ignoring federal law and refusing to prosecute it

Furthermore the state COULD pass a law that prosecutes any federal agent/employee that violates state law and imposes mandatory sentencing against fed agents that seek to violate state law.....

Fed law only supercedes state law where there is an explicit federal power enumerated in the constitution......

The constitution not only fails to grant the fed gov any authority over firearms (and a great many other things) it also explicity restrains the federal gov in 2A

Kansas could force the supreme court to take the case if they wanted to by escalating and taking steps to further nullify.....its not like there isnt precedence for it.....and recent precidence......look at MJ laws
And this is the absolute job of the county sheriff.....to act as protection of the people in his/her county FROM/AGAINST BOTH STATE AND FEDERAL GOVERNMENT.

Read Sheriff Mac's book, he explains it and even won in supreme court against Clinton.
 

jpk

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And this is the absolute job of the county sheriff.....to act as protection of the people in his/her county FROM/AGAINST BOTH STATE AND FEDERAL GOVERNMENT.

Read Sheriff Mac's book, he explains it and even won in supreme court against Clinton.
Problem is that not all sherriff's see it that way

Look at the NH Sherriffs and their previous statements on RKBA......
 
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Problem is that not all sherriff's see it that way

Look at the NH Sherriffs and their previous statements on RKBA......
Yeah, but those sherrif's are elected officials and thus represent the people. NH is chuck full of left wing Mass locusts who swarmed the state cuz the taxes are lower than Mass, which has high taxes because the locusts said gov't will solve and just needs more taxes to do it.

Not the case in places out West or down South.
 

jpk

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Yeah, but those sherrif's are elected officials and thus represent the people. NH is chuck full of left wing Mass locusts who swarmed the state cuz the taxes are lower than Mass, which has high taxes because the locusts said gov't will solve and just needs more taxes to do it.

Not the case in places out West or down South.
When was the last time you saw one of the sherriff's candidates reach out/hold a forum to state their positions on issues?

Basically never.......furthermore how many people know the last name of their sherriff?.......I would say less than 1%.....

In almost every case the incumbent is simply re-elected because the sheep are oblivious
 

Dennis in MA

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And this is the absolute job of the county sheriff.....to act as protection of the people in his/her county FROM/AGAINST BOTH STATE AND FEDERAL GOVERNMENT.

Read Sheriff Mac's book, he explains it and even won in supreme court against Clinton.
Still a tough call.

Is it the state's right to discriminate against a class of citizens in violation of federal law? Let's say 70% of the public voted that it should be so. The Sheriff is not only protecting his people, but FOLLOWING their mandate in the process.

I'm not saying this is cut-and-dried. I'm saying it's a pile more complicated than "well that should be a state's right issue." Should it?

This is why we have courts. To decide where that line should be. And that line will move over time.
 
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Strictly following the COTUS creates a boundary line between state and Fed law. It was intended to be the sandbox around the Fed gov. The problem is that we have maybe over 100 yrs of wandering outside the boundaries. We have whole Fed executive departments that should not exist. We have generations of congressional cowards who instead of facing constituents on votes, pass the can on to the president and executive rule making. It is abuse piled on mangled thinking piled on self-serving propaganda piled on cowardice... the list goes on.

I continue to be on the middle of the fence regarding new constitutional amendments. One part understands that it is the correct course to adjust the boundary between Fed and state/individual. It is THE constitutional way. The other part realizes that if we have so easily ignored the COTUS or twisted what it means, then what good is a new amendment? What will force the Fed to follow what the states/people say we want?

All the Fed branches like the additional power they have usurped. Thinking that the SCOTUS would rectify things and undo the sh*t sandwich is naive at best.

I do like the idea of an amendment allowing 2/3 of the states to override a SCOTUS decision but I know that will not “fix” things. IF we were actually a Constitutional minded nation, it would be a good check and balance on the SCOTUS.
 
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One thing is clear right now looking at everything. We do have a train of abuses going on. I just don’t know if it is that long one talked about by men smarter then me.
 

Uzi2

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One thing is clear right now looking at everything. We do have a train of abuses going on. I just don’t know if it is that long one talked about by men smarter then me.
Ya, the train that is turning most of this country into a COMPLETE TRAIN WRECK.
 

KBCraig

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And this is the absolute job of the county sheriff.....to act as protection of the people in his/her county FROM/AGAINST BOTH STATE AND FEDERAL GOVERNMENT.

Read Sheriff Mac's book, he explains it and even won in supreme court against Clinton.
Problem is that not all sherriff's see it that way

Look at the NH Sherriffs and their previous statements on RKBA......
Richard Mack was a western sheriff. It works differently in New England. Sheriffs in NH aren't the chief law enforcement officer; that's the county attorney. Sheriffs and their deputies provide courthouse security and serve papers. That's pretty much it.
 

KBCraig

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How does this trickle-down to sanctuary cities/states??? Either the states can or cannot undo federal law. I'm not at all surprised the SCOTUS didn't hear this. Huge canna-wermz.
I made the same argument when there was a bill in NH to ban "sanctuary cities" when it came to immigration. Do we really want to force our state and local police to enforce federal laws without a state equivalent? What about the new federal ban on bumpstocks? Or any other federal gun regulations... should we use NH police to lock up people who haven't broken any NH laws?

The irony was that many of the people calling for the ban, also advocate making NH a gun sanctuary safe from federal laws.

Make up your damn mind.
 

42!

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Richard Mack was a western sheriff. It works differently in New England. Sheriffs in NH aren't the chief law enforcement officer; that's the county attorney. Sheriffs and their deputies provide courthouse security and serve papers. That's pretty much it.
Going to have to correct you on this one, I've been working pretty close with Rockingham County Sheriff's for about a year and a half now (doing their FirstNet rollout right now), so this is all first hand info. They do have a civil process group that just serves papers. All the other deputies, including those at the courthouse, do the same details as any other PO. They also provide dispatch and coverage for the small municipal departments that close up at night. Call 911 at night in one of these towns and it's a deputy that will respond.

Now MA is just a civil process division, and one that does Courthouse security and prisoner transport.
 

Dennis in MA

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I made the same argument when there was a bill in NH to ban "sanctuary cities" when it came to immigration. Do we really want to force our state and local police to enforce federal laws without a state equivalent? What about the new federal ban on bumpstocks? Or any other federal gun regulations... should we use NH police to lock up people who haven't broken any NH laws?

The irony was that many of the people calling for the ban, also advocate making NH a gun sanctuary safe from federal laws.

Make up your damn mind.
Hmmm. I hadn't thought about it that way. Interesting.

So let's walk through this, for my own brain. . . .

Sanctuary city laws - they state that city/state officials will NOT prosecute illegals. But ICE has full authority to come in because federal trumps state.

Silencer freedom laws - they state that if it's made in the state and stays in the state, no federal requirements. . . . . but ATF can come in, bust down your door and haul you away.

My only problem is . . . . Hmmm. . . . . . . . Nope. Those are the same. I guess if you live in State-X that has "silencer freedom" and want to be at risk for ATF arrest, you are good to go. But if you think the State is going to somehow offer you protection? Nah brah. That won't be happening.

Am I thinking on that correctly??? Is there a law where there is a federal rule in place and hte states can supercede it? Forget the MJ laws - that's a clear "we're going to ignore this" action by the feds.


As far as the state doing the feds work, with regards to immigration, jurisdictions hold prisoners for other ones all the time. HOLDING said bad-dude to be picked up by ICE doesn't seem like a big hardship on the state.
 

jpk

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Richard Mack was a western sheriff. It works differently in New England. Sheriffs in NH aren't the chief law enforcement officer; that's the county attorney. Sheriffs and their deputies provide courthouse security and serve papers. That's pretty much it.
Ummmm No......

NH Sherriff's regularly perform LEO functions as well as support for state and local police.

Section 104:6 Powers.

They regularly patrol our roads, pull people over for same stuff state and locals do, respond to 911/similar calls, particularly in towns that dont have 24x7 police coverage.
 
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KBCraig

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Ummmm No......

NH Sherriff's regularly perform LEO functions as well as support for state and local police.

Section 104:6 Powers.

They regularly patrol our roads, pull people over for same stuff state and locals do, respond to 911/similar calls, particularly in towns that dont have 24x7 police coverage.
I didn't say that they don't have full LE powers. They do. But their job is courthouse security and serving papers.

I live in the least populated county in the state, with 23 of the state's 25 unincorporated places. Deputies here don't patrol or dispatch.

But that's beside the point: in NH, the sheriff is not a "strong sheriff" as seen in western states, and is not the Chief Law Enforcement Officer of the county.

All the talk about sheriffs being able to kick out the feds is just nonsense, especially in New England.

It would be nice, but it just ain't so.
 

jpk

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I didn't say that they don't have full LE powers. They do. But their job is courthouse security and serving papers.

I live in the least populated county in the state, with 23 of the state's 25 unincorporated places. Deputies here don't patrol or dispatch.

But that's beside the point: in NH, the sheriff is not a "strong sheriff" as seen in western states, and is not the Chief Law Enforcement Officer of the county.

All the talk about sheriffs being able to kick out the feds is just nonsense, especially in New England.

It would be nice, but it just ain't so.
Previous link to statutory authority spells it all out.......ONE of their jobs is court/serving notice......I travel back and forth across a couple counties every day and they're responding to all sorts of issues including traffic/mv infractions......and I have first hand experience with them.....if I'm not mistaken they also handle the 911 call center
 

KBCraig

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Previous link to statutory authority spells it all out.......ONE of their jobs is court/serving notice......I travel back and forth across a couple counties every day and they're responding to all sorts of issues including traffic/mv infractions......and I have first hand experience with them.....if I'm not mistaken they also handle the 911 call center
And all of that doesn't matter when it comes to the claim that "sheriffs should do something!!!!", because they have no power to do so.

No need to quibble about what they do or don't do, they are not the CLEOs in NH, and can't do anything about the feds.
 

jpk

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And all of that doesn't matter when it comes to the claim that "sheriffs should do something!!!!", because they have no power to do so.

No need to quibble about what they do or don't do, they are not the CLEOs in NH, and can't do anything about the feds.
Statutorily they absolutely do have the power to do so, as does any other NH law enforcement body should they make the determination that something is so egregiously unconstitutional that they will not enforce it.

This happens all the time quietly/under the radar

Whats unusual is law enforcement stepping in to protect people within their jurisdiction from some other law enforcement body from infringing on the rights of citizens within their region of jurisdiction

As per statute, the NH Sherriff's have power for ALL of NH's counties, not just their own
 
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