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The
Below Comments Relate to this Newslink:
WA: Crossing the Line – Firearm Preemption Protection Under Attack
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Gun control groups are fond of describing preemption as a doctrine whereby a state has stripped local governments of their power to regulate guns. In fact, under established legal principles, localities are subordinate “creatures of state law,” with no inherent rights or powers other than what a state decides to delegate to them through statutes or charters. Although some local governments may be delegated an authority to regulate public safety and welfare (“police power”) as broad as that exercised by the granting state itself, this power retains its essential character as delegated authority and is limited both by the corporate boundaries of the locality and any restrictions on its exercise that may be imposed by the state. |
| Comment by:
xqqme
(1/20/2018)
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| How to eliminate guns in one easy step: create an impossible to comply mosaic of contradictory and confusing criminal statutes that, once a person violates any one, makes them into a "prohibited person". On a national level (New Jersey being one example) this kind of selective criminalization of a Constitutionally enumerated Right seems to be working for the gun-control crowd, as even with a full "pardon" the conviction stands. Only SCOTUS or Congress can now fix this issue, but neither seems so inclined. Did the House pass reciprocity as political theater, knowing that the Senate would not? One part of me worries that it is so. |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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