Correct me if i am wrong but to me this sounds very similar to what Califonia has done with marijuana. Putting the state laws above the Federal ones(wich may or may not be the correct thing to do). Just like in California though i can see Federal agents coming in and enforcing the federal laws and not much caring about the new state law. This has happened countless times in California to both the stores that sell medical marijuana and the private citezens who are licensed by the state to grow it.
If my comparison is way off then i’m sorry but it jus seems like very similar ideas. It may be that the only real way to effect gun laws is to do it at the federal level unfortunatly.
County sheriffs can arrest Feds that come into a state and overides state laws. In fact there is an organization called Oathkeepers (Richard Mack) that advocates just that.
“Putting the state laws above the Federal ones(wich may or may not be the correct thing to do).”
If the Federal ones are not grounded in an enumerated power, the 10th would indicate that it would be the correct thing to do.
It is the same. This is State Nullification, which is the theory that each State can decide that a particular federal law is Unconstitutional. The result is that particular federal law is voided within the nullifying State. This could be challenged in the federal courts, but any contrary decision would likely be nullified (e.g., California nullified Gonzalez v. Raich, in which SCOTUS ruled the federal Controlled Substances Act prohibited medical marijuana and that it was Constitutional for it to do so) The DEA did conduct raids in California under the Bush Administration, but the Liberal Messiah told them to stop doing that.
The People are getting in the face of members of the Congress. The States are conducting State Nullification. One thing is definitely clear: The Congress is too stupid to catch on to how much rage is being directed at it.
"A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010. Thirteen states now have some form of medical marijuana laws - in direct contravention to federal laws which state that the plant is illegal in all circumstances. And, massive state nullification of the 2005 Real ID Act has rendered the law void.
This 10th Amendment vs. BATFE issue will hit SCOTUS fast, squarely referencing Raich.