Will the states go along?

[phylodog]

The events since Friday have me so pissed I honestly cannot put it into words. Innocent children were murdered because society forced them into a defenseless position, requiring that they attend school and forbidding anyone from protecting them. Incapable of dealing with reality the apparent majority in this country have decided to focus on issues which are irrelevant and to use the deaths of these children to further their flawed political ideals. I think it is apparent to everyone that legislation will be introduced to further restrict the rights of law abiding citizens in this country.

My question is; will the states go along? Colorado and Washington have basically told the Federal Gov't to shove it where marijuana is concerned. At the state level, firearms laws have been going the other way for several years now with Illinois being the last hold out to not have some sort of carry legislation. Obviously those states with dense populations of liberals will happily go along for the ride, but what about the others? What about Indiana?

The Obamacare issue got people talking about states rights. Marijuana was a major move in the direction toward states rights and hasn't shaken out yet. I believe that gun ownership just may be the issue that breaks things wide open. When writing letters to your legislators to voice your opinions, don't forget those at the state level. They may be the ones who can make the largest statement.

 

[Denny347]

Cory, I think it could be easier than that ( In Indiana anyway) if a Superintendent gave permission.

IC 35-47-9-1
Exemptions from chapter
Sec. 1. This chapter does not apply to the following:
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used by a school for a school function;
to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
As added by P.L.140-1994, SEC.11.
IC 35-47-9-2
Possession of firearms on school property, at school function, or on school bus; felony
Sec. 2. A person who possesses a firearm:
(1) in or on school property;
(2) in or on property that is being used by a school for a school function; or
(3) on a school bus;
commits a Class D felony.
As added by P.L.140-1994, SEC.11.

 

[GodFearinGunTotin]

It may not do any good. He Feds will control interstate commerce. So unless a gun and/or magazine manufacturer is going to locate within a state, even is a state doesn't go along, there'll be no federally illegal/controlled merchandise to sell in that state.

 

[Liberty's Teeth]

It may not do any good. He Feds will control interstate commerce. So unless a gun and/or magazine manufacturer is going to locate within a state, even is a state doesn't go along, there'll be no federally illegal/controlled merchandise to sell in that state.

Business opportunity? Indiana jobs!

 

[Kirk Freeman]

My question is; will the states go along?

If I could narrow the question, will states go along with what exactly?

Is this like a Molon Labe! (novel by Boston T. Party) scenario, or FFA legislation in certain states, or failure to cooperate with the feds???

What exactly are the states "going along" with?

 

[phylodog]

A ban on "assault" weapons, 30 round magazines, etc.. I guess I was thinking along the lines of if the Feds declared certain weapons illegal to own and there was no grandfathering allowed.

 

[Denny347]

Damn, I missed your main point. I've got nothin'

 

[GodFearinGunTotin]

Damn, I missed your main point. I've got nothin'

 

[hrearden]

There may be states that decide to do their own thing regarding firearms. However, these states will have to be ones that can do without federal funding for numerous things. What the Fed will hold over their heads, nobody can be sure.

 

[hrearden]

Not only that, how does one go about "collecting" non grandfatherable firearms and ammo? Even with the armed forces involved and everyone being complacent, it would take literally years.

 

[hrearden]

It may not do any good. He Feds will control interstate commerce. So unless a gun and/or magazine manufacturer is going to locate within a state, even is a state doesn't go along, there'll be no federally illegal/controlled merchandise to sell in that state.

Montana actually took this and ran a few years ago. A suppressor can be bought there without red tape or a federal tax stamp if the suppressor was made in Montana and the person is a resident of Montana.

 

[SirRealism]

I've been wondering whether Montana has faced any challenges yet.

"Montana has passed a law allowing local gun manufacturers to sidestep federal regulations as long as the weapons they make are sold within the territory of the state."

States' Gun Rights: The Next Constitutional Battlefield - TIME

ETA: Dang, scooped by Henry.

 

[Kirk Freeman]

A ban on "assault" weapons, 30 round magazines, etc.. I guess I was thinking along the lines of if the Feds declared certain weapons illegal to own and there was no grandfathering allowed.

What a nightmare.

Just imagine the compensation problems. Let allow the compliance rate of about 1%. Geez.

So your constitutional question is "may the feds dragoon the states into becoming their agents to implement federal policy?"

Brief Answer: No. See Mack & Printz v. United States.

Printz v. United States - Wikipedia, the free encyclopedia

 

[phylodog]

I was more wondering if the states might intentionally pass laws to contradict federal law like Washington & Colorado did with marijuana.

 

[Kirk Freeman]

The more extreme the prospective federal legislation the more likely I think that is to happen.

 

[hornadylnl]

I was more wondering if the states might intentionally pass laws to contradict federal law like Washington & Colorado did with marijuana.

The states did nothing when the first AWB was passed. So far, there has been much posturing by states regarding Obamacare but I won't put much stock into it until the day it's actually implemented and states don't receive their federal funds.

As far as Washington and Colorado and the marijuana laws, have the feds actually agreed to let the states dictate it yet? IIRC, the feds have still raided other states that passed similar laws.

 

[Cerberus]

As far as Washington and Colorado and the marijuana laws, have the feds actually agreed to let the states dictate it yet? IIRC, the feds have still raided other states that passed similar laws.

Maybe the time is fastly coming to "return" that favor.

 

[phylodog]

The states did nothing when the first AWB was passed. So far, there has been much posturing by states regarding Obamacare but I won't put much stock into it until the day it's actually implemented and states don't receive their federal funds.

As far as Washington and Colorado and the marijuana laws, have the feds actually agreed to let the states dictate it yet? IIRC, the feds have still raided other states that passed similar laws.

I think these are very different times than when the first AWB was passed. Seems like a lot of people aren't happy about our current economic or political situations and there has been some push back with other topics.

 

[hornadylnl]

I think these are very different times than when the first AWB was passed. Seems like a lot of people aren't happy about our current economic or political situations and there has been some push back with other topics.

I was still in high school when the first AWB was passed but I listened to Rush quite a bit then. There was a very large amount of people upset with the Clinton administration then. The repub landslides in the house and senate were pretty good evidence of that. Waco, Ruby Ridge, and the anti militia garbage were hotbeds as well. If the internet existed then, I don't think the tone on either side would have been much different than today.