Why can't states pass gun laws ?

Sun Devil 92

Diamond Member
Apr 2, 2015
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The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?
 
The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

Because it would breach your second amendment rights.

The Bill of rights only protects us from the federal government.

2nd amendment rights are inalienable, they cannot be taken away, they also cannot be given up.
Try taking that 'right' outside the U.S.
'Rights' are something you can/are able to exercise. When you cannot, they don't exist. Inalienable is a fancy term for conditional.
 
The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

Because it would breach your second amendment rights.

The Bill of rights only protects us from the federal government.

2nd amendment rights are inalienable, they cannot be taken away, they also cannot be given up.
Try taking that 'right' outside the U.S.
'Rights' are something you can/are able to exercise. When you cannot, they don't exist. Inalienable is a fancy term for conditional.

You don't know what the phrase inalienable rights means. You also don't know the history behind the 2nd amendment. Return when you are better informed.
 
Why can't my state take my guns away ?
Read the Supremacy Clause at Article VI, Clause 2 & Amendment II, both in the US Constitution, & the first and second paragraphs of Section III in Heller v. Dist of Columbia and you'll see that any federal laws are superior to State laws if any conflict arises between them and that SCOTUS has made that a clear precedent in law re: LAWFUL firearms.
 
The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?
The state may not be able to "take" away your gun rights but they sure can regulate and restrict the hell out of them until they, for all intents and purposes, no longer exist - see the following "May issue" states as well as the District of Columbia prior to the Heller ruling

A state that is de jure a may-issue jurisdiction may range anywhere from shall-issue to no-issue in practice,[64][65] i.e., permissive may-issue to restrictive may-issue, based on each licensing authority's willingness to issue permits to applicants:
  • Connecticut and Delaware are regarded as permissive may-issue states, where either governmental policy or court precedence direct issuing authorities to approve applications that meet all non-discretionary criteria.
  • Hawaii, Maryland, and New Jersey are considered restrictive may-issue jurisdictions, where issuing authorities are directed to deny most or all applications, either based on hard-to-meet "good cause" requirements or agency policies specifically prohibiting issue. Additionally Maryland and New Jersey require the applicant provide substantive evidence of a clear and immediate threat on their lives that exists outside of their home at the time the permit application is filed. Rhode Island further requires applicants for the statewide permit to submit to a mental health records check at the applicant's expense.
  • California, Massachusetts, and New York vary within state, as the criteria for what constitutes "good cause" is defined at the local level. Issuing authorities in inland California, rural portions of Massachusetts, and Upstate New York generally accept self-defense without evidence of a specific threat as "good cause" and will grant permits to the vast majority of applicants who pass a background check and complete the required firearms safety training. Meanwhile, concealed carry permits are difficult to virtually impossible to obtain by ordinary citizens in urban areas, such as New York City, Long Island, Boston, Los Angeles, and San Francisco metropolitan areas. In these locations, the definition of "good cause" is generally limited to specific and immediate threats on an applicant's life that cannot be mitigated by any other means. There are also "moderately restrictive" local jurisdictions in these states where the local "good cause" definitions may be more restrictive than locales that practice shall-issue licensing, but less restrictive than those counties or municipalities that rarely or never issue permits.
  • Rhode Island state law is two-tier; local authorities are directed by state law and court precedent (Archer v McGarry) to practice shall-issue permitting policy, but the Attorney General's office has discretionary authority over permits issued by its office. The permits issued by both the local authorities and the AG are valid statewide, but the AG issued permit is required for open carry in general. Some local jurisdictions, at the recommendation of the AG, still refer all applicants to the AG's office and the "may-issue" state-level system in violation of Archer.[66]
 
The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

Privileges or Immunities Clause

14 Amendment.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States....
 
The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

Because it would breach your second amendment rights.

The Bill of rights only protects us from the federal government.

The 2nd is in the bill of rights..

The Bill of Rights only protects us from the Federal Government.

What insight is am to gain from your comment.
 
Because states cannot ignore the US Constitution or the 2nd amendment. States also cannot take away your right to free speech or force a religion on you.

Actually, they could.

After ratification, several states had state supported religions.

They were never challenged by the Federal Government.
 
States pass restrictive gun laws all the time. They are all unconstitutional but get upheld by activist courts, and the SCOTUS refuses to hear most of the cases brought against them, so we are stuck with them.

States signed off on the Constitution, and agreed to abide by it when they became states INCLUDING the Second Amendment.
 
The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

So what rights do you have under your State Constitution? Mine also assures a right to keep and bear arms.
We've already had a war over States Rights. It was in all the papers. See "Civil War".
 
My state Constitution says the Right to Keep, and Bear Arms shall NOT BE QUESTIONED.
 
The constitution was designed to limit the federal government. Not the state governments.

The Bill of rights only protects us from the federal government.

The Bill of Rights only protects us from the Federal Government.

Repeating a lie over and over again does not make it into truth, no matter how many times you repeat it.

What a disappointing response.

First of all, it isn't a lie. Or would you care to debate the purpose of the constituiton.

As was rightly pointed out, the heinous doctrine of selective incorporation may have answered the question......or maybe not.

The fact is that most states have similar language in their state constituitons. Now, that would be redundant if states didn't recongnize that they could, in fact, retract that right.

Let me be clear. I am not for gun control laws. I was asking the question.

I wanted to see who would provide an educated response. And who would give the left winger horsecrap kind of know-nothing response.

Clearly the right has work to do to educate people on the Constitution.
 

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