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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 |
By calling attention to a well-regulated militia for the security of the Nation, and the right of each citizen to keep and bear arms, our Founding Fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny, which gave rise to the second amendment, will ever be a major danger to our Nation, the amendment still remains an important declaration of our basic military-civilian relationships, in which every citizen must be ready to participate in the defense of the country. For that reason I believe the second amendment will always be important. --JOHN F. KENNEDY |
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