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View Full Version : Lawmakers plot new strategy for defying gun laws - Don't turn this into another pot thread



Gman
01-12-2014, 22:36
I meant to say, "Please don't turn this into another pot thread".

http://news.msn.com/us/lawmakers-plot-new-strategy-for-defying-gun-laws (http://news.msn.com/us/lawmakers-plot-new-strategy-for-defying-gun-laws)


"We continue to see the federal government overreach their rightful bounds, and if we can create a situation where we have some unity among states, then I think it puts us in a better position to make that argument," said Republican Sen. Brian Nieves, who is sponsoring the legislation

Missouri's efforts came after President Barack Obama called for expanded federal background checks and a ban on assault weapons following deadly mass shootings at a Colorado theater and a Connecticut elementary school.

Courts have consistently ruled that states cannot nullify federal laws, but that hasn't stopped states from trying or ignoring them anyway. Last year, a federal appeals court struck down a 2009 Montana law that sought to prohibit federal regulation of guns that were manufactured in the state and remained within its borders.

A similar Kansas law that makes it a felony for a federal agent to attempt to enforce laws on guns made and owned in Kansas earned a rebuke from U.S. Attorney General Eric Holder.

Peverill Squire, a political science professor and expert on state legislatures at the University of Missouri-Columbia, said Missouri's nullification plans would probably meet a similar fate in court, but that states could hope to send an indirect message to Congress by pushing such proposals.

Republican leaders in Missouri and elsewhere say bringing other states along in the effort might lead to a different outcome.

"This can't be just a Missouri effort. There has to be a groundswell of support by the people — by other states as well — in order for us ultimately to be successful," said Republican Senate President Pro Tem Tom Dempsey.

There's a pattern for states to follow when rebuffing federal laws. Although possessing and distributing marijuana remains a federal crime, about 20 states now have laws that allow people to use marijuana for medical purposes, and the federal government has declined to challenge new laws in Colorado and Washington allowing recreational use of marijuana.