How legal are all of these States laws to block Federal Gun Laws?

usmarine0352_2005 · Jan 17, 2013

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How legal are all of these state's laws that are attempting to block Federal laws on guns and magazine limits?

http://abcnews.go.com/Politics/OTUS...obamas-gun-control-proposal/story?id=18233268

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Several State Legislators Say No to Federal Gun Control Laws

BY SHUSHANNAH WALSHE (@shushwalshe)

Jan. 17, 2013

No sooner had President Barack Obama laid out his gun control proposals Wednesday, than some states responded, saying they would move to block the laws' enforcement. Some state legislators were even working feverishly to block the measures before the president proposed them.

"We are here to assure Mississippians that we are going to continue to fight for their Second Amendment rights to bear arms," Gunn said. "These are dangerous times, and people have a constitutional right to protect themselves and their property."

Named the "Firearms Protection Act," the bill would make "any federal law banning semi-automatic firearms or limiting the size of gun magazines unenforceable within the state's boundaries" and most notably "anyone trying to enforce a federal gun ban could face felony charges under the proposal."
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rookorami · Jan 17, 2013

Not legal per the Supremacy Clause

http://legal-dictionary.thefreedictionary.com/Supremacy+Clause

beatledog7 · Jan 17, 2013

Justice Marshall's conceptualization of the so-called "Supremacy Clause" is the rotting spawn of today's overreaching Federal government.

Birch Knoll · Jan 17, 2013

"So called"???

Article VI, Section 2:

This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.

Says right there that federal law is the supreme law of the land, state laws notwithstanding.

JVaughn · Jan 17, 2013

this Constitution, and the laws of the United States which shall be made in pursuance thereof

Since we are going down this road...

You can argue that the laws proposed by Obama, along with many already in place, do not meet the "in pursuance of" stipulation of this statement as they are in direct violation of the 2nd Amendment of the same constitution. Therefore, the states are not only allowed, but I would say obligated to refute them.

brboyer · Jan 17, 2013

usmarine0352_2005 said:
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How legal are all of these state's laws that are attempting to block Federal laws on guns and magazine limits?

http://abcnews.go.com/Politics/OTUS...obamas-gun-control-proposal/story?id=18233268

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Only a civil war or very interesting SCOTUS case will tell. But if I recall my history we already fought one civil war over state right's. Anyone recall how that one turned out?

Birch Knoll · Jan 17, 2013

You can argue that the laws proposed by Obama, along with many already in place, do not meet the "in pursuance of" stipulation of this statement as they are in direct violation of the 2nd Amendment of the same constitution

Sure, you can argue that all you want. But until a court finds a federal law to be unconstitutional, it's still the law, and still superior to state law.

Frank Ettin · Jan 17, 2013

The propose Wyoming law is being discussed here. They all present similar threshold issues, and there's no reason to have multiple threads on the subject.

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How legal are all of these States laws to block Federal Gun Laws?

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