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Posted on 08/02/2017 8:26:22 AM PDT by Mat_Helm
Rep. Chris Collins (R-NY) introduced legislation Monday aimed at nullifying state-level gun controls that exceed gun controls put in place by the federal government.
New York’s SAFE Act (2013) is a prime example of the kind of gun control Collins hopes to erase. WKBW reports Collins’ bill is titled the Second Amendment Guarantee Act (SAGA), and its language explicitly “[limits] the authority of states to regulate conduct, or impose penalties or taxes in relation to rifles or shotguns.” It is designed to catch laws that go beyond federal statutes and render them void.
According to the Buffalo News, Collins described SAGA, saying, “This legislation would protect the Second Amendment rights of New Yorkers that were unjustly taken away by Andrew Cuomo. I am a staunch supporter of the Second Amendment and have fought against all efforts to condemn these rights. I stand with the law-abiding citizens of this state that have been outraged by the SAFE Act and voice my commitment to roll back these regulations.”
(Excerpt) Read more at breitbart.com ...
In that case they need to get the courts to overturn unconstitutional laws. Making more federal laws is not the solution to any problem.
This is going to go as far as the reciprocity bills.
Nowhere.
It will languish in a committee and never see a vote.
So federal enforcement of the Second Amendment is fine, but only when done by federal judges?
What part of "shall not be infringed" do you not understand?
The Amendment concerns the MINIMUM that BOTH federal government AND the states MUST give there assent to. That is what the 14th Amendment is about.
AMENDMENT XIV, Section I.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
WTH good is a Constitution if the states are able to ignore whatever part they choose. Or are you a fan of "cafeteria Republicanism"?
It’s a SECOND AMENDMENT issue ... the state AND federal “gun control laws” are all unconstitutional.
I wonder about unintended consequences here. All the feds have to do is ban guns at that level and state sovereignty be damned, they are banned.
Here's the 10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The gun regulations imposed by some States are "prohibited by it" (i.e., the Constitution) via the Second Amendment, which applies to the States through the Due Process Clause of the 14th Amendment. So this is not a 10th Amendment issue.
That’s correct. The Federal judicial system must first decide that it is a federal case and second that the federal Constitutional right is being denied by state law.
Then California banned open carry and the majority of counties do not allow concealed carry and the 9'th held that up, but it went to the SCOTUS and they refused to take the case. So the courts do not work either. This crap has to end at the Federal level and gun rights need to be national protected and the same where ever you live or travel.
This Ping List is for all things pertaining to the 2nd Amendment.
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More 2nd Amendment related articles on FR's Bang List.
Congress can fix the courts and leave federalism in place. Congress does not get to interpret the Consitution. They can make laws that they believe to be Constitutional but it is not their call to decide what state laws are and aren’t Constitutional.
if you kick a rattler, it`ll bite you-
- from Rattlesnake Hill, NY
This would be good... but right now, its the best excuse I have to not have to go and visit the in-laws in NY State.
How about we just demand that the constitution and the 2A apply to all states, maybe have gov’t finally define the word “infringe.”
So when the magazine ban for more than 10 rounds is held up by the 9'th circuit and goes to SOCTUS and they also allow the 10 rounds restriction, how many states do you think will allow magazines for more than 10 rounds? Than you would need Congress to pass a federal law allowing more than 10 rounds. If SCOTUS refused to take the magazine ban case than the 9'th ruling would stand and affect not just California but Montana, Idaho, Oregon, Arizona, Alaska, Nevada.
That would be a very big win for real Americans. Given how long it is taking to repeal the restrictions on silencers, I am not an optimist, but I would love to be proven wrong.
I hope it passes and I hope it nullifies the Massachusetts clone of the defunct Federal assault weapons ban. Sure would be nice to get a Ruger Mini-14 tactical with a flash suppressor and a 30 round magazine.
But, I won't hold my breath.
No how’d that pic URL get there?
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