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Thread: State's Rights Part II

  1. Just another guy
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    #1

    State's Rights Part II

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    Missouri Legislature Nullifies All Federal Gun Control Measures by a Veto-Proof Majority – Tenth Amendment Center Blog

    All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

    (2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
    (a) The provisions of the federal Gun Control Act of 1934;
    (b) The provisions of the federal Gun Control Act of 1968;
    (c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
    (d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
    (e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
    (f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
    (g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.










    So, what does MSOS think of nullification?
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    #2
    I think its silly, mostly because it has limited effect. (or 'affect?')
    The state does not try people for federal crimes, nor do they investigate someone for federal crimes. Thats what federal courts and the FBI and Marshalls are for.
    However, where the state does get involved is when an officer arrests someone for a state crime, and the prosecutor decides that there is a federal crime too, they will refer it to the federal prosecutors.
    And I have never met a prosecutor who, where he or she is forced to dismiss a charge against a defendant for a state case, would just ignore a federal crime. In fact, it may be unethical.

    The idea of "nullifying" federal laws is also laughable. I understand its done to make a point, but until the state turns down all the related federal grants and funds based on enforcing these laws, it is hypocritical.
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  3. Quis custodiet ipsos custodes?
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    #3
    Yeah I agree with Asher to me it just basically reads like a meaningless law that was passed to make a point and pander to voters. They even brought up Boston to try to push the agenda, nice.

    Then again with the bills they've been passing lately I'm not surprised.
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    #4
    Sounds like a bunch of showy, pointless legislature to me. Like Guy said, you better be ready to turn down all sorts of federal grant money for ignoring the government. Also, the commerce clause gives federal jurisdiction to commerce that crosses state lines. I'm sure that's a legal mess, considering they're probably not making all of their ammo and guns themselves inside their states.
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    Stupid. It says that all laws that violate the constitution are null and void. Um, yeah... of course they are.

    What they really mean is that they are no longer wanting to recognize the authority of SCOTUS to be the decider of such things, and that instead of going through that proper channel (or instead of respecting the decision of that body), they want to be their own arbiter of the constitution and its interpretations. That's not the way our country works and, ironically enough, runs contrary to the constitution.

    I hope every possible federal dollar and support program is pulled the first time this nullifction is used to actually give someone a pass on any federal law, and stays pulled until Missouri decides that it is no longer going to circumvent SCOTUS and the constitution.
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    #6
    Quote Originally Posted by linzerfufu View Post
    Sounds like a bunch of showy, pointless legislature to me. Like Guy said, you better be ready to turn down all sorts of federal grant money for ignoring the government. Also, the commerce clause gives federal jurisdiction to commerce that crosses state lines. I'm sure that's a legal mess, considering they're probably not making all of their ammo and guns themselves inside their states.
    Interestingly, even if the ammo was made complete within the state, and sold only within the state, it would still affect interstate commerce, and therefore, still fall under that clause. the reasoning is that even if it is all made within the state, then it closes the market for companies outside the state. That is how the supreme court got around that problem with the civil rights act, originally.
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    Quote Originally Posted by LittleMsSunshine View Post
    I think it's really funny when people come on here, and automatically assume that everyone here is a gung-ho, hoo-rah, i-bleed-red-white-and-blue, kiss-my-military-ass, people-in-uniform-can-do-no-wrong, and i'm-entitled-to-everything bitch.
    "RIP Blackie, and Whitey, New Whitey. Goodbye Poopers and Momma Beige and Lady Grey. New Blackie and the Whitey Sisters rule the roost now!"

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