Federal vs State Law and the 2nd Amendment

Delta4Embassy

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Something I still don't get is how if Federal Laws can override State's laws, states and municipalities which restrict or ban private firearms ownership is legal. If the 2nd Amendment says we can own a weapon, how can a state or city negate that if Federal Law overrides a state's?

I don't own a weapon any more, nor have any wish to do so. But from a Constitutional perspective it seems like ignoring the Bill of Rights to me when cities ban most private firearms ownership.
 
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Something I still don't get is how if Federal Laws can override State's laws, states and municipalities which restrict or ban private firearms ownership is legal. If the 2nd Amendment says we can own a weapon, how can a state or city negate that if Federal Law overrides a state's?

I don't own a weapon any more, nor have any wish to do so. But from a Constitutional perspective it seems like ignoring the Bill of Rights to me when cities ban most private firearms ownership.
Nullification. There are more states that refuse to enforce federal gun laws than there is wanting to restrict them.

Sheriffs across US refuse to enforce tougher gun laws ? RT USA
 
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Delta4Embassy

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Nullification isn't legal unfortunately. ...You Nazi douche. Be remiss if I didn't tow the line a little bit. :)
 
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Doesn't stop them now does it? I don't see the big bad fed government forcing them to enforce these laws...doesn't matter if its legal or not...they aren't enforcing illegal laws and the government can't force them.
 
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Delta4Embassy

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Same issue with states legalizing marijuana. Federally it's still illegal. Seems like a lot of pick n choosing going on with Fed vs State enforcements.

Seems like the Federal branch is relinquishing their own authority not enforcing Federal laws and allowing states and cities to enforce their own. If that's gonna be a thing now I have some suggestions on what else to legalize. :)
 
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Yep. I figure the feds know some of the states will enforce these but most won't and if it goes to court they will lose so just let it be.
 

Little-Acorn

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Something I still don't get is how if Federal Laws can override State's laws, states and municipalities which restrict or ban private firearms ownership is legal. If the 2nd Amendment says we can own a weapon, how can a state or city negate that if Federal Law overrides a state's?

I don't own a weapon any more, nor have any wish to do so. But from a Constitutional perspective it seems like ignoring the Bill of Rights to me when cities ban most private firearms ownership.
Same way socialists and other liberals do everything: By breaking the law and daring weak-willed conservatives to do anything about it.
 

Little-Acorn

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BTW, keep in mind that, while the 1st amendment was only intended to restrict the Federal government ("Congress shall make no law..."), the 2nd was written to apply to ALL governments in the U.S., since it did not restrict itself to only one government like the 1st did.

Later ratification of the 14th amendment changed this for the 1st amendment. But there was nothing to change for the 2nd - it has always forbidden ALL governments from infringing on the people's right to KBA.
 

g5000

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Something I still don't get is how if Federal Laws can override State's laws, states and municipalities which restrict or ban private firearms ownership is legal. If the 2nd Amendment says we can own a weapon, how can a state or city negate that if Federal Law overrides a state's?

I don't own a weapon any more, nor have any wish to do so. But from a Constitutional perspective it seems like ignoring the Bill of Rights to me when cities ban most private firearms ownership.
It's not just the Second Amendment which is being federally pre-empted.

I strongly suggest everyone stop reading and watching their brand of partisan hack media outlets and start reading federal legislation for themselves. It is a real eye opener.

You will find both Democrats and Republicans regularly run roughshod over states rights. The only difference is that when a Republican puts a federal pre-emption in a federal law, the right wing hack pundits don't say fuck-all about it.
 

g5000

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Here is an example of what I am talking about:

This Act shall supersede and preempt the application of any State or local law that prohibits or regulates gaming or the operation of bucket shops
That's a federal pre-emption inserted by a Republican into a law which was enacted. Not one states rights blowhard said a peep about it.

And you have to wonder why BANKS needed to be exempted from state laws regulating casinos and clip joints.

This has a direct connection to the economic collapse which followed.


This is one big reason why we need to repeal the 17th amendment. Do you think a Senator who was appointed by his state's legislature would casually put a federal pre-emption in a federal law which nulls and voids the laws those state legislators wrote to protect their citizens?

Neither do I.
 
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