Post by davidsf on Jun 19, 2021 6:27:20 GMT -8
Might mean nothing, but you have to respect the state of Missouri. Why? Because Missouri Has Declared Federal Gun Laws Invalid
My question is, can they do that? (well, obviously, they can because they did, but so what?)
the NPR article (linked above) thinks inis na meaningless gesture:
This is what the Constitution says:
Article VI, Paragraph 2:
AND, the Supreme Court does seem to condone Federal gun control laws: In its decision DISTRICT OF COLUMBIA v. HELLER, it noted (in relevant part),
But, what are your thoughts? Is it a State's Right to determine the U.S. Government has overstepped its bounds? Is this new law a'kin to the "welcoming state" laws passed in some states which violate federal immigration law?
My question is, can they do that? (well, obviously, they can because they did, but so what?)
the NPR article (linked above) thinks inis na meaningless gesture:
"They can pass a law that says that there are 46 planets, they can pass a law that says that there are 16 days in the week. It doesn't make it so," says Stephen Vladeck, a professor at the University of Texas at Austin School of Law and an expert on federal courts and constitutional law. "It has no effect legally because the Constitution specifically says you can't do that."
"If I am a resident of Missouri, I am no less subject to federal gun laws today than I was yesterday," Vladeck tells NPR.
"If I am a resident of Missouri, I am no less subject to federal gun laws today than I was yesterday," Vladeck tells NPR.
Article VI, Paragraph 2:
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.
Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.
