17 May 2025, 19:10
jeffeossoForced reset triggers "legal"
Not an endorsement
https://www.nbcnews.com/politi...e-machine-rcna20739517 May 2025, 22:53
crbutlerThey will not be legal here...
Our state types made them illegal at the state level... somehow I think the left knew it was a bit of an overreach.
18 May 2025, 04:28
jeffeossoI am certain Jr will advise me if I am wrong, but state laws can't abridge federal rights
19 May 2025, 01:14
p dog shooterquote:
Originally posted by jeffeosso:
I am certain Jr will advise me if I am wrong, but state laws can't abridge federal rights
But we been having a problem with the courts enforcing those rights
19 May 2025, 20:24
shootermetalquote:
Originally posted by p dog shooter:
quote:
Originally posted by jeffeosso:
I am certain Jr will advise me if I am wrong, but state laws can't abridge federal rights
But we been having a problem with the courts enforcing those rights
You got that right p dog, far as I'm concerned out SCOTUS are all pieces of shit and controlled by the "deep state".
22 May 2025, 01:15
LHeym500quote:
Originally posted by jeffeosso:
I am certain Jr will advise me if I am wrong, but state laws can't abridge federal rights
Two legal theories at play here: One would be preemption which would take an act of Congress to trigger, and two the Minnesota law if challenged would have to be held by the Fed District, Fed Circuit Court of Appeals, or Minnesota state appellate courts as unconstitutional violation of the 2nd Amendment as incorporated by the 14th.
The 5th Cir. Ct. App., does not apply to Minnesota. Likewise, that option does not rule in the constitutionality of such triggers through the incorporated 2nd Amendment. That ruling is narrowed to whether the ATF acted reasonably in regulating these triggers as machines guns. That is not a constitutional argument under the 2nd Amendment, Incorporation Doctrine.
A state might be able to pass legislation regulating something the Feds have not by an Enabling Statute permitted the Executive Branch to regulate.
The 5th Circuit’s option is about regulatory power through the NFA by the Executive through rule making. It is not about constitutionality under of such triggers as a violation of the 2nd Amendment as Incorporated by the Due Process Clause of the 14th Amendment.
Had the 5th Circuit Court of Appeals found the ref to violate the 2nd Amendment as incorporated by the 14th Amendment, Due Process Clause, states in the 5th Circuit could not pass their own bans.