State nullification legislation to prevent 2A infringements.

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hso

hso

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State nullification of Federal Anti 2A rules or legislation are an effort to preempt enforcement of so called "gun control" laws we're all concerned about. Such proactive 2A state legislation is a valuable way to make it crystal clear that there is no universal support for restrictions on law abiding gun owners.

https://apnews.com/article/st-louis...ndemic-crime-23dae04b23b592d1c27cdc58657fa1c8

Legislation in at least a dozen states seeks to nullify any new restrictions, such as ammunition limits or a ban on certain types of weapons. Some bills would make it a crime for local police officers to enforce federal gun laws.​
 
BigBore44 said:
How would these bills affect federal jurisdiction of interstate commerce on firearms and ammunition?
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Most of these state efforts are focused on prohibiting state and local LE from providing any personnel to support any restrictions. Nothing changes federal law, they simply try to prevent any assistance to the Feds or local enforcement.
 
Since the state law would only apply to state law enforcement officers then maybe it won’t run afoul of the supremacy clause. Do we have any constitutional lawyers here?
 
AlexanderA said:
"Virtue signalling." No legal effect whatsoever. There is such a thing as a "supremacy clause" in the U.S. constitution.
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Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
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Supremacy clause does not require state and local officers to assist feds, it does not even require locals to hold suspects for feds. It does not shield local officers from trouble if they assist feds when state law or policy requires them not to assist. Also several courts have ruled that funds may not be withheld for lack of assistance unless the bill/law giving said funds specifies federal ability to do so.
 
"Noncooperation" (by state authorities) is not the same thing as "nullification." The feds have plenty of personnel to enforce federal laws on their own. These state laws purport to nullify federal law. It doesn't work that way.
 
The feds have plenty of personnel to enforce federal laws on their own.
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Indeed they do. I was one. If you think they always have the protection of your "rights" in mind or that some are not above breaking federal law to "keep" federal law you would be mistaken.
 
Tennessee has long had a law that Tennessee law enforcement resources will not be used in enforce a federal law that violates Article I Declaration of Rights of the Tennessee state constitution.That includes article the right to keep and bear arms, Article I Section 26, which has been interpreted by state courts, state attorney general opinions, and statements of legislative intent, as protecting self-defense, military preparedness marksmanship training, defense of livestock from predators, hunting, recreational shooting, collection of curios, and all other traditional and lawful purposes.
 
Yes the feds do have plenty of personal but without the cooperation of state, county and local their jobs get considerably more difficult. We have seen this with immigration and the war on drugs.
 
In history such moves go back to the resistance to the Fugitive Slave laws where aiding slave catchers was prohibited by some states.

There was active physical resistance to the slave catchers in some Northern states. I don't expect that here by state authorities.

The move is political for votes, virtue signaling and PR. The latter is useful if it signals legislators on the Federal level that passing Federal bans can lead to electoral consequences. It might also signal to the slow moving SCOTUS that they might save the country some grief if they actually take a substantial case to vote such Federal and State bans. They seem to have the votes to bypass the traitor Roberts.

However, a ban if passed on the Federal level will have dramatic consequences for the use of the guns. Burying them destroys their everyday utility and has industry consequences.
 
“Guns kill people and are used to create a public safety issue, whereas marijuana is really not,” said Allison Anderman, senior counsel with the Giffords Law Center to Prevent Gun Violence. “What is likely to happen if gun laws are not followed is people get killed as a result.”
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Did anyone else find this statement interesting?
Of course guns don't kill people. People kill people. The gun is a tool no different than a knife, club or fist.
Marijuana as a public safety issue has not really been debated in the public forum, to the best of my knowledge, though I could see driving or operating dangerous equipment stoned every bit as dangerous as doing it while intoxicated. And DUI/DWI has been demonsrtated/proven to be a public health issue.

Besides that, NRA and some law enforcement districts enacting "Project Exile" have proven that ENFORCINNG the laws already on the books has a dramatic impact on the crime rate. Also, in some years past there was a movement of cities and states enacting "Three Strikes" laws that put violent offenders in prison for life upon three convictions for violent offenses. Because most crimes are committed by repeat offenders, the Three Strikes laws have a dramatic impact within just a few years WHEN THEY ARE ENFORCED!
The problem is not difficult to solve in and of itself. Unfortunately, getting public elected officials and judges to act and enforce the spirit of the law as intended and as necessary is next to impossible.
 
hso said:
State nullification of Federal Anti 2A rules or legislation are an effort to preempt enforcement of so called "gun control" laws we're all concerned about.
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State nullification of federal laws?:rofl:
Good grief, read the Supremacy Clause:https://en.wikipedia.org/wiki/Supremacy_Clause


Such proactive 2A state legislation is a valuable way to make it crystal clear that there is no universal support for restrictions on law abiding gun owners. https://apnews.com/article/st-louis...ndemic-crime-23dae04b23b592d1c27cdc58657fa1c8
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No, such legislation is a gigantic waste of legislative power that merely panders to constituents. Politicians eager to show their support of the Second Amendment push these bills and laws...........with the full knowledge that they will do nothing.

Instead, they should be removing state laws regarding legal use and possession of firearms. You don't need a "Constitutional carry law" when you don't have any state firearms law other than those prohibiting possession by felons or using a firearm in the commission of a crime. Less laws, better government.




Legislation in at least a dozen states seeks to nullify any new restrictions, such as ammunition limits or a ban on certain types of weapons.
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Again, the Supremacy Clause of the Constitution says states cannot nullify federal law. This isn't anything new, it been around for a couple hundred years.;)
And before someone says "but, but, but marijuana....." Marijuana use or possession may have been legalized under your state law, but remains illegal under federal law. Those states that "legalized" marijuana use or possession didn't do anything but remove their previous state laws prohibiting use or possession.



Some bills would make it a crime for local police officers to enforce federal gun laws.
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First, local PD doesn't enforce federal laws of any sort AS IT IS.
This doesn't prevent a state/county/local LE from calling the feds when they discover a van full of illegal aliens, a big bag of weed or for states that have "nullified" from calling the feds when they discover your assault weapon with the shoulder thing that goes up.

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