California, New York, and Massachusetts don't seem to have any RKBA clauses in their State Constitutions, so does the Second Amendment automatically trump local laws in that case? Or can those states use their State's Rights to try to trump the U.S. Constitution?
Some great questions and while logical people who pay attention to the rule
of law would say that the US Con would trump the state cons, many states
have ignored the US Con while making their own laws progressively more
restrictive within their own states.
If someone has the audicity to challenge a restrictive law at the local or
state level, then they can see how far up they can take this process. Can
a State Supreme Court actually reverse a more restrictive gun law because
they feel it went against the US Con (2A)? Has that recently happened? I
don't think so. (Please, if I'm wrong, cite a case). I haven't seen CA stop
any of its progressively more restrictive laws over the years. I see some
states that have continued the Semi-Auto Rifle and magazine bans in their
own states which did not exist a generation ago.
BTW, how'd that whole "we won a major victory against the DC gun
registration in SCOTUS" thing actually play out? I've heard DC continues
to thumb its nose at the SCOTUS decision and nothing has really changed
in practice in the meantime. (Again, correct me if I'm wrong). I didn't
see a Federal Agency going down the street to kick down any doors as
a smaller government violated 2A civil rights all those years anyway
We've entered a time in history again where people say there are rules, but
it's just a "legal smorgasboard" where the government officials, agency heads,
judges, prosecutors, etc just pick and choose what laws they want to follow,
which ones they're going to enforce, and which they will ignore. This leaves
things at their whim rather than the rule of law and when you have a big
enough group in gov't seize power who don't like guns, then buh-bye.
Don't like something in the US/State Constitution? Then just ignore it. Are
you the little guy who gets hurt as a result? Sure, but who cares. I'm
sorry to be blunt about this, but US Citizens with a vote don't matter. You'd
better be a global citizen with a big bankroll and political access to the "right
people".
Now since there are enough people waking up to this fact about our goverment,
there is now a movement just to change the pieces of paper (constitutions)
in order to make them match up to the current thinking within the halls of
goverment (this is a return to top-down governance and not We The People
reprentation, of course).
We've had 40+ years of anti-gun propaganda which has been followed by
years of socialist thinking against individual citizens and their private property
rights (your gun is your private property until the State takes it away), which
has recently been followed by another wave of desire to hold a Constitutional
Convention.