Yes. Medical marijuana,. California lost on commerce clause grounds. (Raich)
SCOTUS ordered the 9th Circuit to "reconsider" [Read -"uphold"] the 1934 NFA via application of Raich. (Stewart)
This Montana law is grandstanding boob-bait for suckers. Same for the effort in Texas. Ask the sponsoring legislators to address the cases I cited here, and find out how un-serious the state yokels are. If they don't know these cases and have a specific plan to surmount them, they aren't serious.
If they stand alone they cant fight it, but it sends a very strong message, however as I just mentioned if other states follow suit, 2/3 of the states can do anything they dam well please.
You just dont get it. Addressing those cases is playing on their court. These laws like Montanas are a clear statement that the state is CLAIMING its lawful 10th amendment rights.
In essence, the state is arguing with the feds. The feds examine the argument in THEIR courts and say, “we win”.
The states simply do not care what those federal rulings say, because those rulings conflict with their States rights as clearly written into the US Constitution. A ruling from a federal court will not be the last word now.
And all of this wouldnt be needed if Obama would clearly, with no artful wording, state that he will NOT sign ANY new gun laws. HIS clear move to dictatorship is the cause of this, so the answer is not to be found in a federal precedent.
“This Montana law is grandstanding boob-bait for suckers. Same for the effort in Texas.”
I agree. This law simply invites the foolhardy to get themselves sent to Federal prison.
Being a test case is vastly overrated.
“Ask the sponsoring legislators to address the cases I cited here, and find out how un-serious the state yokels are. If they don’t know these cases and have a specific plan to surmount them, they aren’t serious.”
Is that you Obama?