Wyoming proposes bill to nullify federal gun bans

[pr_capone]

http://washingtonexaminer.com/wyomin...s#.UO7yKJWuUlE

Wyoming lawmakers have proposed a new bill that, if passed, would nullify any federal restrictions on guns, threatening to jail federal agents attempting to confiscate guns, ammunition magazines or ammunition.

The bill – HB0104 – states that “any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in Wyoming.”

...

[BucEyedPea]

Nope the Constitution is only supreme where it has delegated a power. There is no power to ban guns due to the BoRs anyway. Thread title says "gun bans." Real ID was nullified which is a fact.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Another one is John Roberts erred in his healthcare decision by calling it a tax. That bill did not originate in the House, where all revenue bills must originate. It came from the Senate using trickery. So if Roberts wants to rewrite a law as a tax, then he needs to look at where that bill originated.

[BucEyedPea]

There's a list at the end of this page showing state nullifications in the 2000 era to date:

http://en.wikipedia.org/wiki/Tenth_A...s_Constitution

[listopencil]

Originally Posted by Amnorix

Good luck with that.

Originally Posted by The ****ing Constitution
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.




Doesn't this mean that laws can't be enacted at a federal level that are not constitutional? So if a federal gun law was enacted, and a state passed a contradictory law, wouldn't that law then have to be brought to the Supreme Court to determine constitutionality?

[listopencil]

Hmmm. I was just looking at a few articles. It would be possible (not necessarily probable, but possible) for the House to start up an impeachment of Obama if he attempted to use an executive order to create a strict gun ban. As far as I know they only need a simple majority to pass it and send it on to the Senate.

[teedubya]

Originally Posted by Amnorix

Good luck with that.

An E.O. that changes the Constitution without Congress approval should be null and void. You shouldn't E.O. around Congress. It's bullshit.

[AustinChief]

Originally Posted by teedubya

An E.O. that changes the Constitution without Congress approval should be null and void. You shouldn't E.O. around Congress. It's bullshit.

It's time for Congress to sack up and cut funding to any agency that attempts to enforce these specious EOs. If Obama tries this shit to go around both Congress and the Constitution... cut funding to the Justice Department THAT DAY.

[BucEyedPea]

Originally Posted by AustinChief

It's time for Congress to sack up and cut funding to any agency that attempts to enforce these specious EOs. If Obama tries this shit to go around both Congress and the Constitution... cut funding to the Justice Department THAT DAY.

Yup! They have the power of the purse, is more powerful, but they feel intimidated for some reason. This was why I prefer to hold the House with someone like an Obama in the WH.

[cosmo20002]

Originally Posted by listopencil

Hmmm. I was just looking at a few articles. It would be possible (not necessarily probable, but possible) for the House to start up an impeachment of Obama if he attempted to use an executive order to create a strict gun ban. As far as I know they only need a simple majority to pass it and send it on to the Senate.

There is about as much chance of Obama creating a strict gun ban through an EO as there is of him doing the presidential election cancellation many thought was imminent.

[listopencil]

Originally Posted by cosmo20002

There is about as much chance of Obama creating a strict gun ban through an EO as there is of him doing the presidential election cancellation many thought was imminent.

The only rumor that I find to be substantive is from an anonymous aide saying that Obama might direct funding towards mental health care with an executive order. Biden did seem to imply that an executive order is clearly on the table to address the gun control aspect, but Biden strikes me as an ineffective bumbler put there to create hype. In any event you would think that the administration knows full well how dangerous it would be for them to attempt to enact gun control legislation via EO.

[BucEyedPea]

Originally Posted by cosmo20002

There is about as much chance of Obama creating a strict gun ban through an EO as there is of him doing the presidential election cancellation many thought was imminent.

Many? What do you consider many? A small handful of posters?

[pr_capone]

Originally Posted by frazod

Nice. If only there were more than 70 people in Wyoming.

Texas needs to do this.

here you go...

http://www.khou.com/home/Woodlands-l...186577481.html

THE WOODLANDS -- A Republican lawmaker from The Woodlands says he's trying to make sure the federal government doesn't take away our gun rights.

Don't mess with Texans or their guns. That’s how state Rep. Steve Toth (R-Woodlands) sees it.

Toth wants to make any new federal weapons ban illegal in the state of Texas.

“This is a hardened state. This isn't a good place for a criminal to show up and start shooting,” said Rep. Toth.

So, he’s proposing legislation that would make any federal law banning semiautomatic firearms or limiting the size of gun magazines unenforceable in the Lone Star State.

“We want to make sure this legislation protects the Second Amendment gun rights and the Tenth Amendment which is state sovereignty rights of Texans

This controversial idea comes on the heels of another state lawmaker, Lt. Gov. David Dewhurst, and his views about gun training for Texas teachers.

“In case we've got school personnel with a concealed handgun permit that are in that school and there's an active shooter, we don't want the children harmed we don't want the teacher harmed,” said Lt. Gov. David Dewhurst.

Under his plan, the state would foot the bill for gun training. The decision to allow for concealed weapons on campus would be made district by district.

“You're not turning the schools into an armed camp with a lot of police officers,” said Dewhurst. “At the same time, you're sending a message if you publicize it to bad people, stay away from our children.”

But the lieutenant governor's idea isn't exactly sitting well with some parents.

“I don't believe in guns, so I believe in ban gun period,” said parent Tina Swangphol.

“Maybe there could be another way,” said parent Patricia Pittman. “I know they need to be trained, but it shouldn't come out of taxpayer money.”

The debate over teachers and guns will no doubt be a hot topic in Austin, but Rep. Toth believes his proposed Firearm Protection Act will easily pass.

Under his plan, anyone trying to enforce a federal gun ban could be charged with a felony in Texas.

As to the bolded part... nice that just because she doesn't believe in them they should be banned all around. Completely reasonable.

[frazod]

Good.

One thing that really should happen if OStalin really does try to make an end-run around Congress and attack the Constitution - impeachment proceedings should begin immediately.

[BigRedChief]

Originally Posted by WV

Interesting approach, can't see it working though.

Never stand up. Just political posturing.

[KChiefer]

Originally Posted by BigRedChief

Never stand up. Just political posturing.

Maybe we have a surplus of blood-pressure medication that's he wanted to unload.

[BucEyedPea]

The BEST part of this Wyoming bill is that it jails Federal Agents:

Any federal official attempting to enforce unconstitutional statutes or decrees infringing on gun rights passed after January 1 of this year would be charged with a felony. If convicted, criminal officials would be punished by up to five years in state prison and a $5,000 fine. The legislation also authorizes the state attorney general to defend citizens of Wyoming if federal authorities seek prosecutions under unconstitutional gun control rules.

Support for similar measures is exploding in other parts of the nation.