Ernie S.
Diamond Member
What this law does is give Wyoming standing if one of its citizens is arrested under an assault weapons ban. It essentially puts the state in the position of defending its State citizen against an unconstitutional federal law.no, i'm not.
if there was a federal law that say banned handguns someone who had had their handgun taken would then sue in federal court for the return of their weapon on the grounds that the confiscation was illegal because the law was unconstitutional and thus void.
the federal law would stand or fall on its own. state law would never, ever come in to play when considering or challenging the constitutionality of a federal law.
Nonsense.
No state laws are needed for a citizen to file suit challenging has conviction per a Federal law he considers un-Constitutional.
Indeed, if a new Federal AWB were to be enacted a prima facie challenge would be made, enjoining the government from making any arrests pursuant to the ban.
As already correctly noted, this proposed law is red meat to the radical right, its political theatre designed to provoke a conflict having nothing to do with Second Amendment rights or the Constitution.
What I said was, the law gives Wyoming standing to defend one of its citizens arrested under such a law. You're right, it is mostly hot air, but it puts Wyoming on record that it supports Wyoming Citizens rights to keep and bear arms.