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Author Topic:   States Thumb Nose At Federal Gun Laws!
Randall
Webmaster

Posts: 25513
From: Saturn next to Charmainec
Registered: Apr 2009

posted February 20, 2013 02:23 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
They say the best defense is a good offense.

As the president and some congressional Democrats urge federal action on gun violence, lawmakers in at least five states have introduced legislation to preemptively outlaw any federal bans on high-capacity magazines or certain semi-automatic rifles. Some of the proposed laws even go a step further, making it a state crime for any government official to enforce these hypothetical federal gun laws.

Bills introduced in Texas, Wyoming, Tennessee, Alabama and Missouri over the past month would declare void any federal laws banning high-capacity magazines or certain weapons. The Texas bill, for instance, introduced by Rep. John Otto of Dayton, says any federal attempts to tax, limit the magazine size of, or ban any weapon "infringes upon Texans' right to bear arms" and is thus "invalid" in the state. Any government employee who enforces such laws is committing a misdemeanor crime, the bill says.

These state laws would most likely be unenforceable, as federal gun control laws would preempt state laws. It would be up to the courts to decide whether gun control bills infringed on constitutional rights.

Proposals to ban certain types of semi-automatic weapons, limit ammunition magazines to 10 rounds, and close loopholes that allow some gun buyers to evade criminal background checks are floating around Congress, but it's unclear if any will pass. President Barack Obama urged politicians in his State of the Union address to vote on the measures, saying victims of gun violence "deserve a vote."

At least one state lawmaker is hoping to shut down debate over gun control laws altogether. Missouri State Rep. Mike Leara introduced a bill to make it a criminal act (Class D felony) for any state lawmaker to introduce gun control legislation. Rep. Stacey Newman, a Democrat who has sponsored legislation to expand background checks, wrote on Twitter about the bill: “Counting on you all visiting me in prison re my background ck bill.”

The anti-gun control laws are trickling down to cities and counties, too. In League City, Texas, near Houston, the City Council approved a resolution by a vote of 7 to 1 that says the city will not enforce any laws passed by the federal government that ban high-capacity magazines or certain types of semi-automatic weapons.
http://news.yahoo.com/blogs/ticket/state-local-politicians-attempt-preempt-federal-gun-laws-174232577--politics.html

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PixieJane
Knowflake

Posts: 1731
From: CA
Registered: Oct 2010

posted February 20, 2013 11:15 PM     Click Here to See the Profile for PixieJane     Edit/Delete Message   Reply w/Quote
It makes a difference. Technically medical marijuana is illegal in CA under federal law, and the DEA tried to make that clear but unless they could get those arrested in a federal courtroom then those with a doctor's clearance (especially if they had cancer) or running dispensaries were cleared time and again by state juries (who were smart enough to not say, "Nyah, nyah," but make up an excuse for refusing to convict, and it seems even local cops & judges also enjoy giving the federal cops a hard time when they can) and now the DEA doesn't even bother anymore, and even many local cops turn a blind eye to it unless you annoy them or they're reasonably sure they can get a conviction out of it. I've been in an illegal (by federal law, not state) dispensary myself (just out of curiosity) and it's just like a liquor store with various brands of pot (from weak to strong), and as I was able to find them easily so can the DEA...but the DEA knows they undermine their own authority every time Californians thumb their noses at them and get away with it. (You do need a doctor's permission to be able buy, though I understand those with such a card that allows them to legally buy make a living buying for others without a card as it's a much better product than what the street dealers and gangs sell, and safer than mixing with thugs on both sides of the law by using with the black market as well. The gangs, especially from Mexico, are said to hate the dispensaries even more than the DEA does.)

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juniperb
Moderator

Posts: 6052
From: Blue Star Kachina
Registered: Apr 2009

posted February 21, 2013 11:37 AM     Click Here to See the Profile for juniperb     Edit/Delete Message   Reply w/Quote
quote:
These state laws would most likely be unenforceable, as federal gun control laws would preempt state laws. It would be up to the courts to decide whether gun control bills infringed on constitutional rights.

As usual,a waste of tax $$ and the beat goes on....

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We need to listen to our own song, and share it with others, but not force it on them. Our songs are different. They should be in harmony with each other. ~ Mattie Stepanek

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katatonic
Knowflake

Posts: 9470
From:
Registered: Apr 2009

posted February 21, 2013 12:18 PM     Click Here to See the Profile for katatonic     Edit/Delete Message   Reply w/Quote
Yes it never fails to amaze me that the anti-feds don't see that the states are as draconian and corrupt as Washington...and often worse.

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