It will be interesting to see where this goes.
http://freedomoutpost.com/2014/11/t...ws-invalid-unenforceable/#sF2Z4UVvU4GfdHhz.99
http://freedomoutpost.com/2014/11/t...ws-invalid-unenforceable/#sF2Z4UVvU4GfdHhz.99
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Texas Bill Would Make All Federal Gun Laws Invalid & Unenforceable
- Thread starter copterdoctor
- Start date
This. State's rights lost in the civil war, and they have been eroding ever since
irony:
Its OK for states to legalize pot, but the fed still says its illegal. No pressure on the states (that i know about anyway).
But
If a state nullifies any infringement on 2A civil rights.. "Means of complement" are used.
Its OK for states to legalize pot, but the fed still says its illegal. No pressure on the states (that i know about anyway).
But
If a state nullifies any infringement on 2A civil rights.. "Means of complement" are used.
That's the Obama administration for you, selecting and choosing which laws/rights to prosecute/infringe.
That would be the best solution. It would solve all problems at once.
Yup. The civil war kind of settled this, like it or not.
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Well I think the writing is on the wall. The White House picks and chooses the laws it applies. A clear violation of the constitution. No ands ifs or butts about it. So why should the states listen to selectively enforcement- that's tyranny. Equal protection under the law is guaranteed.
What are the Feds really gonna do about it? What Eric holder the gun runner gonna come to Texas and lock people up? Good luck with that. You reap what you sow. Want the law respected then respect the law. Don't be so sure that Texas will fold. After all the Feds need their tax dollars to find their communist utopia.
What are the Feds really gonna do about it? What Eric holder the gun runner gonna come to Texas and lock people up? Good luck with that. You reap what you sow. Want the law respected then respect the law. Don't be so sure that Texas will fold. After all the Feds need their tax dollars to find their communist utopia.
Glockster30
NES Member
If federal gun laws preempt state laws, why do a few states such as CA, MA, NY, etc., have the right to impose magazine restrictions? If the answer is that states do not have this right because it is unconstitutional, then it is an illegal law, which means no law.
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States can always increase the standard-never lower it. Federal government is the primacy authority. But my argument is that laws are on the books to be followed. Can't pick and choose what laws to follow or make up your own. We might as well have a king-officially.
Glockster30
NES Member
States can be more stringent with regard to something such as environmental laws. For example, if federal law has an industrial wastewater discharge limit of chromium at 1.0 mg/L, then any state can be more strict at say, 0.5 mg/L. However, this has nothing to do with a constitutional right, such as the right to keep and bear arms. If 250 million people live in states without magazine limits, then they have more rights than we do living in MA. Based on the Constitution, if the majority of the people have more rights than others do, then it fails constitutional scrutiny for those living under magazine restrictions, not to mention that the 14th amendment and the Due Process Clause is supposed to provide all of us with the same rights.
What states need to do is to pass laws forbidding the state itself or agents of the state from enforcing federal law and assisting the feds in any way to enforce federal law.
This effectively means federal law is nullified in the states because the feds do not have the man power to enforce federal law everywhere. They rely on the local beat cop and prosecutor to find a violation and bring it to the feds attention.
This effectively means federal law is nullified in the states because the feds do not have the man power to enforce federal law everywhere. They rely on the local beat cop and prosecutor to find a violation and bring it to the feds attention.
Glockster30
NES Member
I follow your logic, but with states such as MA, CA, or NY, do we really want these states to have gun laws that preempt federal law? If so, we'll be back to carrying one-shot guns again.
They already do: see how those states violate FOPA.
Further, the concept I mentioned is too radical (read anti-federal government) for any of the liberal states to even bother passing and enforcing anyway.
Glockster30
NES Member
That's my point for the posters that bemoan the loss of states' rights since the civil war. Allowing a state like MA to nullify federal gun laws would be disastrous for those of us that live here. It's a double edged sword - damned if you do; damned if you don't with regard to states' rights.
Going by that article it seems that the bill does just that. It declares fed laws "unenforceable" on the local level and declares any state agents that try to enforce them to be in violation of state law as well as open to civil action. That wording also makes it sound like they could charge any federal agent trying to enforce them with violating state law, which most likely would never happen. Even so, how much can the Feds accomplish when the locals aren't helping in the least bit? I'd bet that you'd have a few people deliberately passing along every move they made.
They can't afford to since they receive 34.51%of their state budget from Federal aid, which amounts to $37,310,756 (which is about $1.50 per resident). That doesn't count the millions and millions of dollars they also get in Federal Disaster aid following tornadoes, hurricanes, fertilizer plants exploding, etc. So I'd say if they want to secede go for it, all the better for the rest of us!
Glockster30
NES Member
If the number $37,310,756 is correct, then it's a drop in the bucket compared to what the IRS collected in tax revenues from Texans that amounted to $219,459,878,000 in 2012.
http://www.google.com/url?sa=t&rct=...X9gKgO&usg=AFQjCNGVoHK9qujP4cY8E2biYQ7doyE16g
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