federal statutes trump state on this as exhibited in the clause I highlighted.
states can grant all the gun rights to felons they like (and I think they should in qualified cases ) but the feds don't do that and if they catch you they will charge you federally and you will do serious time in a high level facility it being a gun crime (no FCC camp at Eglin) and a more lenient state statute will be no excuse
i don't think the states challenging the federal jurisdiction on gun laws will prevail in courts..it will be hard for the USSC to say federal constitutional protections void municipal gun restrictions and then turn around and say state leniency gun laws trump federal law...at least to me
it would sure turn things upside down if the states win...some good and some not so good...depends on where you live
loosening federal restrictions period would be the most effective means..a tall order admittedly
Read it again. That scenario occurs in a scenario where the state has restored his right to have a shotgun but not a handgun, which is the specific issue I mentioned in my original post. The state restoration has to be "across the board" for the ATF to honor it, as I said in the first place. Your reference says the same thing I am.
The distinction is that the states are saying this leniency applies only to weapons not traded in interstate commerce. For the moment they're not challenging the power of the feds to regulate weapons at all, per se.
” i don’t think the states challenging the federal jurisdiction on gun laws will prevail in courts..it will be hard for the USSC to say federal constitutional protections void municipal gun restrictions and then turn around and say state leniency gun laws trump federal law...at least to me”
And that’s just part of the reason why the McDonald cases was a horrible mistake.
But in any case USSC has never been generally inclined to rule against the boundless acts of their appointing masters.
The president and the Federal elected(thus self-serving politician) senate are not inclined to appoint judges that will in anyway limit their power. Just as judges are not inclined to limit their own arbitrary power as judges.
“it would sure turn things upside down if the states win...some good and some not so good...depends on where you live”
The States won’t win this is in the Federal Government’s own courts. This is largely a show trial for the Federal government to insist upon its absolute and unrestricted(unconstitutional) powers to impose its will.
It’s almost unheard of for them to actually rule against themselves, against their own power.
“loosening federal restrictions period would be the most effective means..a tall order admittedly”
Somehow I don’t think that will happen and even if it did the democrats will come right back in and impose even harsher restrictions.
If you want Gun freedom we have to put the Federal Government back into its place. That requires someone other then the folks appointed by the same power hungry Federal politicians enforcing the Constitutional limits of the same politicians authority.
The Doctrine of State Nullification fits the bill about as well as anything can.
It also happens to be the historic truth of the matter.
“loosening federal restrictions period would be the most effective means..a tall order admittedly”
Loosen Federal restriction that by the letter of the Constitution are entirely unauthorized to exist in the first place is not only a tall order its an imposable order.
We just ceded to the criminals half our house, and now you want to talk em into only taking a qurtor of our house?
This madness has gone on far enough, its time the criminal leave all together and we stop putting up with their nonsense.
first The state should nullify the federal law.
2nd: we extract an iron clad promus that the next republican to run MUST and i do say MUST square to fire all federal ATF and FBI agents from his service declaring their job to be in violation of the authorized powers.
Liberals will not like it and indeed this may preclude a president from getting elected, if he can’t get passed us with it and past the general with out it. But we can know one thing. Eventually the center will cave, as the left continue to go crazy.
Its time we start pushing them back, stop accepting the lost territory in compromise, we’ve been doing that for 100+ years and where as it gotten us?
Once the Federal Government has been disarmed, then it wont matter what the Federal magistrates say, they won’t be able to enforce their edicts.
All they will be able to do is let criminals go free. And thats not a problem as far as maintaining gun rights.
The best part of this plan is we don’t got far to go.
The Feds have little to no domestic enforcement assets to start with.