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Posts Tagged federalism
Missouri’s Gun Sanctuary Law Struck By Federal Court
From The Federalist:
Both the District Court and the Eighth Circuit saw things differently, and by enjoining Missouri’s law, have forced the state to use resources and its employees to enforce federal gun laws. That could include materially supporting the compilation of gun owner records for the ATF’s gun registry, the enforcement of President Joe Biden’s “zero tolerance” policy against Missouri gun dealers, or helping a hypothetical Kamala Harris administration in confiscating AR-15s under a future “assault weapons” ban.
The precedent is clear, the federal government has no authority whatsoever to compel a state to enforce a federal law. So, what’s the difference here? Sadly, all too many federal judges stubbornly believe the Second Amendment is a second-class right. In the case of the recent ruling against SAPA, the Eighth Circuit simply invoked the Constitution’s supremacy clause, and gave the back of its judicial hand to Missouri and every other state that might question the constitutionality of a federal law — at least a federal gun law.
Court Rules Against Missouri’s Second Amendment Protection Act
From The Truth About Guns:
At the time, Gov. Parson said the unique law “draws a line in the sand and demonstrates our commitment to reject any attempt by the federal government to circumvent the fundamental right Missourians have to keep and bear arms to protect themselves and their property.”
On Monday, however, a three-judge panel of the 8th Circuit Court of Appeals upheld last year’s district court ruling and found that the Missouri law violated the U.S. Constitution’s supremacy clause, which states that federal law takes precedence over state laws.
Marijuana Legalization Puts Gun Rights In Jeopardy
From The Truth About Guns:
As more states increasingly legalize the recreational use of marijuana—24 states according to CBS News currently do—the move has put gun owners who like to toke and can legally do so according to their state’s permittance into a legal conundrum when purchasing a firearm: How to honestly answer question 21(f) on ATF Form 4473 without committing perjury and leave the store with their firearm? The answer is, they can’t.
Louisiana Becomes Permitless Carry State
From The Truth About Guns:
The bill, which passed with a 75-28 vote, grants legal gun owners aged 18 and older the ability to carry concealed firearms in public without the need for a permit. The landmark decision is poised to be signed into law by Governor Jeff Landry (R), who has vocally supported the measure, emphasizing that it aligns with the constitutional right to bear arms without government permission.
Remington Leaves New York For Georgia
From Bearing Arms:
RemArms, the current version of Remington Arms, will close its facility in the Mohawk Valley village of Ilion around March 4, according to the letter sent Thursday. The letter said the company “did not arrive at this decision lightly,” according to the Observer-Dispatch of Utica.
NY Ranks Dead Last In Freedom Index
From Cato Institute:
When it comes to the bottom states, we see that the Empire State has consistently placed last. The difference between the scores for New York and New Hampshire corresponds to one and a half standard deviations on every single variable. New York also performs poorly across the board, but especially on economic freedom. Thus, New Yorkers feel the heavy hand of government in every area of their lives.
Texas’s Duty To Enforce The Border
From The Federalist:
Because our states are sovereigns — with their own constitutions, laws, and obligations to their citizens — and not mere appendages of our federal government, they are authorized to wield substantial, non-symbolic power within their own territories. An assertion that states function in a realm of permission-based or symbolic authority is just flat wrong.
Liberals Angered By Conservative Non-compliance
From The Washington Times:
Some on the left are angry, if not apoplectic, that conservatives are turning the tables on them and co-opting one of their own tactics against liberal policies. But turnabout, as they say, is fair play: Self-styled “progressives,†it seems, aren’t the only ones who can unilaterally decide which laws they will or will not enforce and/or comply with.
2nd Amendment Sanctuary Movement
From Reason:
The phrase “Second Amendment sanctuary” is an umbrella term used to describe a jurisdiction that passes a resolution declaring that restrictive gun control laws another legislative body passes are unconstitutional and will not be enforced there. The concept is an adaptation of the immigration “sanctuary city” movement, in which some cities and counties (and now whole states) generally decline to ask residents about their immigration status or assist the federal government in enforcing immigration laws. The resolutions can vary, but generally, Second Amendment sanctuaries refuse to dedicate resources to enforcing things like “red flag” laws and bans on certain weapons.
Stag Arms Moves To Wyoming From Connecticut
From The Truth About Guns:
Stag’s Board of Directors today announced that Chad Larsen has been appointed Stag’s President effective immediately. The Company also announced that it will be relocating to Cheyenne, WY, by the end of the year. In June, the Company disclosed its decision to move from Stag’s former headquarters in New Britain, CT, and accordingly initiated a national search for a new location.
Sanctuary Idea Is A “Stunt” When Used To Defend Gun Rights
From The Star-Telegram:
The first local outbreak of hysteria was in Hood County. This week, it spread to Parker County, where commissioners approved a resolution declaring the county a “sanctuary†for Second Amendment rights.
Texas Senator Introduces Gun Sanctuary Bill
From The National Sentinel:
Sen. Bob Hall (R-Edgewood) filed Senate Bill 378 (SB378) on January 17. The bill would prohibit any state government agency, personnel or public funds from enforcing any federal gun control regulation or law “if the federal statute, order, rule, or regulation or international law imposes a prohibition, restriction, or other regulation, such as a capacity, size, or configuration limitation, that does not exist under the laws of this state.â€
NFA Trumps Kansas Law
From Guns.com:
The 10th U.S. Circuit upheld the past convictions of Shane Cox and Jeremy Kettler, who had previously been found guilty of violating federal laws concerning the manufacturing and selling of suppressors. While the men used a defense that they felt at the time that they committed their crime that Kansas state law insulated them from prosecution by the federal government, the court in their 48-page ruling did not concur.
Texas Bills Introduced To Refuse Compliance With Federal Gun Laws
Posted by Brian in Law, Threat Watch on 15/Nov/2016 16:25
From The Tenth Amendment Center:
House Bill 110 (HB110), filed by Representative Matthew Krause, (R-Ft. Worth), would deny state material support and enforcement of many federal gun control measures, past, present or future. Experts have noted that the federal government lacks the resources to enforce such measures without participation on the state level and passage would help eliminate enforcement in practice. It reads, in part: