Missouri bill would nullify all federal gun control laws

Originally posted by freedomSlave
reply to post by extraterrestrialentity

 

Federal law trump state law . you do realize this right ?
Second what guns laws are all being passed .

Actually NO they don't. The tenth amendment limits Federal laws to powers that are specifically given to them. They have circumvented this in the past (illegally) by using the interstate commerce clause, but states are passing legislation that only applies to items that are made in their state and are not sold OUT of their state to avoid the US being able to use the interstate commerce clause as a loophole through the tenth amendment, not to mention that the Federal govt. is already prohibited from passing laws that infringe on the right to keep and bear arms by the second amendment.

Jaden

Originally posted by Hopechest
Yea I love these types of posts.

Its called the Supremecy Clause so it doesn't really matter what a State passes, it can't nullify any federal law but its nice to pretend I suppose.

See the above post... The Supremacy clause ONLY pertains to laws that are within the powers delegated to the Federal govt. In other words, the states can't pass a law that says that minors can work 20 hour days, because there is a Federal law within the bounds of Federally granted powers that supersedes that law.

Jaden

Originally posted by Hopechest

Originally posted by camaro68ss

Originally posted by Hopechest

Originally posted by skorpius
reply to post by freedomSlave

 

Constitution trumps federal laws

Good thing the Supremecy Clause is in the Constitution then I guess.

Now what?

The Supremecy clause lists the constitution first,

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

the laws of the united states was listed 2nd. This would then show the 10th Amendment trumps the “supremacy clause”

edit on 9-5-2013 by camaro68ss because: (no reason given)

The 10th amendment only applies to powers not granted to the federal government. Regulating the second amendment has been affirmed by the Supreme Court to be a power the federal government does have.

Therefore any State passing a law in conflict with the federal government on this issue will lose.

And just to add, nowhere in the Constitution does it say that a power that is listed first trumps powers that are after it. That is something you are interpreting.

edit on 9-5-2013 by Hopechest because: (no reason given)

Now you're just roaming into fantasy land, considering your avatar that might be appropriate. The Fed does NOT have the authority to regulate the 2nd amendment. No amendment gets ANY regulating. They are there solely to LIMIT all forms of govt in the US to prevent infringement of the inherent rights of the people.

Jaden

reply to post by Hopechest


How wrong can one person be...You should REALLY stop typing. The Federal govt doesn't have the authority to regulate anything that isn't apportioned to it by the constitution. They have extorted compliance from the states in the past by threatening to withdraw federal funds for states that don't comply. That's how the dept. of Education has gotten states to follow their guidelines as well.

Jaden

reply to post by freedomSlave


I had to sign in for the first time in months just to reply to you....

federal law DOES NOT trump state law, I am sorry to inform you, that you are most definitely wrong on this point.

why do you think the sheriff has more authority in their state than a federal agent, he was elected by the people of that state, furthermore, the federal government derives its power from the states themselves, and states have the ultimate authority over their own territory, we are a country of united "STATES", and the federal government is subject to the states.

I know a lot of people either don't know that or forget this fact, I am always hearing news media talking heads pushing this falsehood (part of the plan to deceive), but the states have the ultimate power even over the federal government, this is why there is always rumors of secession, because its something a state can actually do but never do because politicians are subservient to their overlord masters the federal government and its money.

I would research a little bit into what a REPUBLIC is, which is what we really ARE, not a democracy which describes how we operate.

not trying to troll or anything I just need to correct this error, for it happens far too much.

Originally posted by Hopechest

Originally posted by camaro68ss

Originally posted by Hopechest

Originally posted by skorpius
reply to post by freedomSlave

 

Constitution trumps federal laws

Good thing the Supremecy Clause is in the Constitution then I guess.

Now what?

The Supremecy clause lists the constitution first,

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

the laws of the united states was listed 2nd. This would then show the 10th Amendment trumps the “supremacy clause”

edit on 9-5-2013 by camaro68ss because: (no reason given)

The 10th amendment only applies to powers not granted to the federal government. Regulating the second amendment has been affirmed by the Supreme Court to be a power the federal government does have.

Therefore any State passing a law in conflict with the federal government on this issue will lose.

And just to add, nowhere in the Constitution does it say that a power that is listed first trumps powers that are after it. That is something you are interpreting.

edit on 9-5-2013 by Hopechest because: (no reason given)

But in Miller v US, the Supreme Court ruled that the second amendment can be regulated by the government due to the Interstate Commerce Clause. This bill only exempts firearms manufactured in Missouri. As long as those guns stay in Missouri, the feds can't legally touch them.

reply to post by Hopechest


The Supremacy Clause only applies if Congress is acting in pursuit of its constitutionally authorized powers. Federal laws are valid and are supreme, so long as those laws were adopted in pursuance of—that is, consistent with—the Constitution. Nullification is the legal theory that states have the right to nullify, or invalidate, federal laws which they view as being unconstitutional; or federal laws that they view as having exceeded Congresses’ constitutionally authorized powers. The Supreme Court has rejected nullification, finding that under Article III of the Constitution, the power to declare federal laws unconstitutional has been delegated to the federal courts and that states do not have the authority to nullify federal law.[2]

en.wikipedia.org...

Originally posted by Hopechest

Originally posted by camaro68ss

Constitution trumps federal laws

Good thing the Supremecy Clause is in the Constitution then I guess.
Now what?

The Supremecy clause lists the constitution first,
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
the laws of the united states was listed 2nd. This would then show the 10th Amendment trumps the “supremacy clause”

The 10th amendment only applies to powers not granted to the federal government. Regulating the second amendment has been affirmed by the Supreme Court to be a power the federal government does have.
Therefore any State passing a law in conflict with the federal government on this issue will lose.
And just to add, nowhere in the Constitution does it say that a power that is listed first trumps powers that are after it. That is something you are interpreting.



And....if you twist it sideways a little more you can get a monkey out of your hat. The words in the constitution are pretty clear and in an order that has a purpose and makes sense. You know like the other part that says "Shall not be infringed". It's very clear.

Originally posted by freedomSlave
reply to post by extraterrestrialentity

 

Federal law trump state law . you do realize this right ?

It does not, this is a common misconception. When a federal agent steps foot in a county he is then under the authority of that counties Sheriff. If a Sheriff chooses to arrest him he has the ability to do so. Almost all operations are cleared through a Sheriffs office when Feds come to town.

The Sheriff also has the authority to round up citizens, deputize them, defend his county and or lead an armed revolt. Federal law was never meant to trump state law. Lincoln was a hypocritical dictator that removed states rights. The civil war was not fought over slavery but states rights.

Your local Sheriff is in charge of many things you are not aware of. I would encourage you to get involved in such matters. Make sure you elect a good one and make sure you support him.

Originally posted by freedomSlave
reply to post by extraterrestrialentity

 

Federal law trump state law . you do realize this right ?
Second what guns laws are all being passed .

Technically yes... However, really it's all a matter of enforcement.....

Realistically it's far easier to enforce a state law especially with the support of those enforcing it...

I promise you, there aren't enough ATF and FBI agents to enforce something as large as Obama has in mind... not by a long shot...

Here's the thing about gun control laws that the pro gun crowd seems to forget.

You are right, gun control laws won't stop criminals from causing harm with guns. Just like laws against stealing doesn't stop criminals from stealing. But we still have them anyway because it's a deterrent.

Most gun control legislation doesn't prevent any law abiding citizen from getting a gun, all it does is try and prevent criminals from getting firearms, it tries to prevent the insane from getting firearms, and it imposes harsher punishments for those who do use firearms to harm others.