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Fed Judge strikes Missouri Gun Law as violation of the Supremacy Clause Login/Join 
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MO law made it illegal to enforce Fed Gun Laws in the state.

The Judge Correctly ruled this was a violation of the Supremacy Clause.

We have precedent going back to President Jackson a state cannot invalidate within the state Fed law.

That is the purpose of the Supremacy Clause. Texas has in its written State GOP Platform to abolish the Supremacy Clause.

McCulloch v. Maryland 17 U.S. 316 (1819)
Gibbons v. Ogden 22 U.S. 1 (1824)
Worcester v. Georgia 31 U.S. 515 (1832)
Ableman v. Booth 62 U.S. 506 (1858)
In re Neagle 135 U.S. 1 (1890)
Pennsylvania v. Nelson 350 U.S. 497 (1956)
Printz v. United States 521 U.S. 898 (1997)
 
Posts: 12565 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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Yet they allow sanctuary cities re illegal immigration.

This is the problem with the courts. Look at the laws that SCOTUS threw out in NY or other places and then nothing happens to a governor who circumvents the ruling.

The system seems to be full speed ahead re some issues.

I get your arguments (and they seem to all be re how wrong you feel the abortion decision is) which I can understand…

But you don’t seem to get that the left has played these games since the 60’s and nothing really happens to them. Why would you expect single issue zealots from the other side to play any different?
 
Posts: 11174 | Location: Minnesota USA | Registered: 15 June 2007Reply With Quote
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I do not agree with Sanctuary Cities. I believe Congress should use funds to states/cities to break them.

However, it is not the same thing.

The S. Ct. has ruled numerous times Immigration is the sole purview of the Feds. Sanctuary Cities say, “This immigration issue is purely a Fed issue, so we are not going to investigate or call ICE.”

This is a State Law Nullifying a Fed law in Missouri. This was settled with President Jackson.
 
Posts: 12565 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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Umm, they were saying they would not enforce federal firearms law or regulation with state resources.

Poorly worded law. It isn’t legal.

OTOH, why isn’t it just as much a violation when state folks pick up a gangbanger with a glock switch and don’t arrest and hold the guy until the ATF/FBI comes and at least investigates him?
 
Posts: 11174 | Location: Minnesota USA | Registered: 15 June 2007Reply With Quote
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Umm they are saying the State law trumps Fed law and shall not be enforced.

Sanctuary Cities are not saying our law trumps yours. They say it is a Fed issue. We are not helping.

I have called the ATF over Gun crimes. They have been prosecuted 2x. Once understate law and again under Fed Law as 2 Separate sovereigns can prosecute you even when the State and Fed Statutes are mirror language. You do need to statutes.

KY all but passes a state version of the Gun Control Act of 1968. So, you can be got twice here.

Trafficking drugs works the same way.

Cities and States cannot pass their own immigration laws. That is the exclusive purview of the Feds. They can pass their own firearms laws.
 
Posts: 12565 | Location: Somewhere above Tennessee and below Kentucky  | Registered: 31 July 2016Reply With Quote
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All the feds need to do is refer back to our Constitution. The answers are all there.


~Ann





 
Posts: 19624 | Location: The LOST Nation | Registered: 27 March 2001Reply With Quote
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