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Can states exempt themselves from federal gun laws?
#1
Quote:Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at the controversy over the effort in Kansas to restrict federal gun laws its legislature believes violate the Second Amendment right to have and carry guns.

The statements at issue:

“It is unlawful for any official, agent or employee of the government of the United States…to enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas.”

– Excerpt from a Kansas law, known as S.B 102 and formally titled the “Second Amendment Protection Act,” enacted in that state last year, and now facing a challenge in federal court. Kansas was the latest of several states to pass such laws.

“The far-reaching nullification provisions of the Act are unconstitutional on their face under long-standing, fundamental legal principles. Neither the Kansas legislature, nor any state legislature, is empowered to declare federal law ‘invalid,’ or to criminalize the enforcement of federal law. Any legislation or state action seeking to nullify federal law is prohibited by the Supremacy Clause, Article VI, Section 2, of the United States Constitution.”

– Excerpt from a lawsuit filed in federal court in Kansas on July 9, seeking a ruling that would strike down the Kansas law on gun rights.

We checked the Constitution, and…


Read more at http://www.philly.com/philly/news/politi...Lwv7Yo6.99
NRA (Life), GOA, FOAC (Life), NAGR, AMGOA

RocketFoot's Minion since 09-07-2012
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#2
No, they cannot.

Justin
[Image: pafoasig.png]
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#3
JustinHEMI;151152 Wrote:No, they cannot.

Justin

Yet Colorado and Washington have passed laws in violation of federal law prohibiting the sale of marihuana and I don't see Holder suing them.
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#4
Whether or not the government acts on it is something else entirely.

States are not sovereign and they have no constitutional right to "nullify" federal laws.

Justin
[Image: pafoasig.png]
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#5
According to the Supreme Court, no. Fuck the Supreme Court though, they should still try!
Lkttomasz, proud to be a member of pa2a.org since Apr 2013.
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#6
Sure, they can try, and maybe the feds will leave them alone like Washington and Colorado.

My bet is that the feds won't leave them alone on guns.

justin
[Image: pafoasig.png]
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#7
Arguably, many Federal laws overreach the Federal Government's authority when applied to activities solely within the states. So yea, States saying "NO" to their enforcement is not necessarily unreasonable.
-JD-, proud to be a member of pa2a.org since Sep 2012.
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#8
Coops;151156 Wrote:
JustinHEMI;151152 Wrote:No, they cannot.

Justin

Yet Colorado and Washington have passed laws in violation of federal law prohibiting the sale of marihuana and I don't see Holder suing them.

Not quite.

States that have legalized pot have simply removed or adjusted their state statutes accordingly.

That in and of itself doesn't violate Federal law.

They have also refused to assist in enforcing the Federal law, and the Fed has also decided not to enforce said laws (which they can do, as they do with some of the silly laws that are still hanging around on the books). But with a new administration, a new President and US Attorney General could potentially decide to crack down on pot, and that would bring the states' new-found freedoms, taxes, and systems crashing down around their ears.

Unless there is some sort of Federal mandate that says local law enforcement has to, for example, notify the BATFE if they become aware of this or that gun-related occurrence, though, it would seem that states and municipalities could just look the other way when it comes to violations of federal firearms regulations.

But they cannot prohibit the Federal government from prosecuting Federal violations of which they become aware in one way or another.
gascolator, proud to be a member of pa2a.org since Nov 2012.
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