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Eric Holder to Kansas governor: New state gun law unconstitutional |
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05-02-2013, 16:24
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#1
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Area Commander
Paslode is offline
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Location: Kansas
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Eric Holder to Kansas governor: New state gun law unconstitutional
Hope xxxxx pushes this to the limit and we see how far Holder will go.
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A new law in Kansas that criminalizes the enforcement of federal gun controls in the state is unconstitutional, Attorney General Eric H. Holder said.
“In purporting to override federal law and to criminalize the official acts of federal officers, [the law] directly conflicts with federal law and is therefore unconstitutional,” Mr. Holder wrote to Gov. Sam Brownback in a letter dated April 26. “Federal officers who are responsible for enforcing federal laws and regulations in order to maintain public safety cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their federal duties.”
Mr. Holder cites the Supremacy Clause of the U.S. Constitution, which says federal law trumps conflicting state authority or exercise of power. Kansas’s law became effective April 25.
Mr. Holder wrote that federal authorities “will continue to execute their duties to enforce all federal firearms laws and regulations. Moreover, the United States will take all appropriate action, including litigation if necessary, to prevent the State of Kansas from interfering with the activities of federal officials enforcing federal law.”
A handful of states proposed similar laws as Congress was weighing measures to ban semiautomatic, military-style rifles and high-capacity magazines, as well as expanded background checks on gun purchases.
An effort to expand gun-purchase background checks to sales online and at gun shows recently stalled in the U.S. Senate, though some proponents say similar legislation could be brought up later this year.
Read more: http://www.washingtontimes.com/news/...#ixzz2SAkgjiYk
Follow us: @washtimes on Twitter
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The corollary from the first position is, that the right of the people to keep and bear arms shall not be infringed. The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give the Congress a power to disarm the people. Such a flagitious attempt could only be made, under some general pretence, by a state legislature. But if in any blind pursuit of inordinate power either should attempt it, this amendment may be appealed to as a restraint on both. - William Rawle
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Last edited by PRB; 05-02-2013 at 23:19.
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Ya think? |
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05-02-2013, 16:38
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#2
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Quiet Professional
Dusty is online now
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Location: The Ozarks
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Ya think?
"An effort to expand gun-purchase background checks to sales online and at gun shows recently stalled in the U.S. Senate, though some proponents say similar legislation could be brought up later this year."
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"There you go, again." Ronald Reagan
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05-02-2013, 16:49
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#3
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Quiet Professional
nousdefions is offline
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Let me see if I have this straight, an unconstitutional federal law trumps and unconstitutional state law? I think that the 10th Amendment is the tie breaker.
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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.
- 10th Amendment to the US Constitution
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“How do you tell a Communist? Well, it’s someone who reads Marx and Lenin. And how do you tell an anti-Communist? It’s someone who understands Marx and Lenin.”
– Ronald Reagan, 1987
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05-02-2013, 17:00
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#4
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Area Commander
Paslode is offline
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If only Mr. Holder put as much vigor into say illegal immigration......
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Quote:
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The corollary from the first position is, that the right of the people to keep and bear arms shall not be infringed. The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give the Congress a power to disarm the people. Such a flagitious attempt could only be made, under some general pretence, by a state legislature. But if in any blind pursuit of inordinate power either should attempt it, this amendment may be appealed to as a restraint on both. - William Rawle
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05-02-2013, 18:35
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Quiet Professional
Team Sergeant is offline
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Quote:
Originally Posted by Paslode
If only Mr. Holder put as much vigor into say illegal immigration......
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"illegal immigration" is not PC anymore, it's now "undocumented democrats". Didn't you get the memo?
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05-02-2013, 18:42
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#6
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Area Commander
Paslode is offline
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Quote:
Originally Posted by Team Sergeant
"illegal immigration" is not PC anymore, it's now "undocumented democrats". Didn't you get the memo?
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I am old and set in my ways 
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Quote:
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The corollary from the first position is, that the right of the people to keep and bear arms shall not be infringed. The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give the Congress a power to disarm the people. Such a flagitious attempt could only be made, under some general pretence, by a state legislature. But if in any blind pursuit of inordinate power either should attempt it, this amendment may be appealed to as a restraint on both. - William Rawle
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05-02-2013, 21:53
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#7
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Quiet Professional
miclo18d is offline
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Did I miss some huge news item? When did Eric Holder get nominated to the Supreme Court? I just figured that since he is calling laws unconstitutional he must be a SC Justice now.
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"The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles." — Jeff Cooper
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05-02-2013, 22:07
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#8
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Quiet Professional
Peregrino is offline
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Quote:
Originally Posted by miclo18d
Did I miss some huge news item? When did Eric Holder get nominated to the Supreme Court? I just figured that since he is calling laws unconstitutional he must be a SC Justice now.
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That's why I think it's worthwhile to spend a few moments at regular intervals praying for the good health of the current conservative justices.
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A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear.
~ Marcus Tullius Cicero (42B.C)
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05-03-2013, 09:28
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#9
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Guerrilla
35NCO is offline
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So the Judicial and Executive branch officially acknowledges that they will not prosecute any Marijuana users in Colorado...Because they have, "Bigger issues to deal with". However, when it comes to Federal Firearms regulations vs. the States, it is suddenly unconstitutional for the state to pass such a law? Well that is very interesting and DOES sound like a matter for the Supreme Court. I’m curious as to how the DOJ can be so picky about its Federal Authorities and still claim its prosecutions to be valid in such matters that are publicly available for the record as being hypocritical.
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05-03-2013, 09:37
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#10
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Quiet Professional
MR2 is offline
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The most hypocritical administration in history! Err.. I mean transparent, that's it.. the most transparent administration. Freudian slip - sorry.
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The two most powerful warriors are patience and time - Leo Tolstoy
It's Never Crowded Along the Extra Mile - Wayne Dyer
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05-03-2013, 10:00
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#11
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Asset
uspsmark is offline
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"Transparently hypocritical" sums it up for me...
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05-03-2013, 10:09
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#12
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Quiet Professional
koz is offline
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Quote:
Originally Posted by Peregrino
That's why I think it's worthwhile to spend a few moments at regular intervals praying for the good health of the current conservative justices.
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Amen Brother. I pray for the health of ALL the Justices as I hope to get to a new Senate in 2014. Right now, BHO gets any nominee he wants.... I'd rather RBG or SB be replaced by a moderate justice than a extreme progressive.
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05-03-2013, 10:09
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#13
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Quiet Professional
Team Sergeant is offline
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Quote:
Originally Posted by 35NCO
So the Judicial and Executive branch officially acknowledges that they will not prosecute any Marijuana users in Colorado...Because they have, "Bigger issues to deal with". However, when it comes to Federal Firearms regulations vs. the States, it is suddenly unconstitutional for the state to pass such a law? Well that is very interesting and DOES sound like a matter for the Supreme Court. I’m curious as to how the DOJ can be so picky about its Federal Authorities and still claim its prosecutions to be valid in such matters that are publicly available for the record as being hypocritical.
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Well put!
Silly rabbit, liberals smoke dope, conservatives (and harry reid) like guns. The current administration only enforces federal laws when it applies to non-liberals..........
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05-03-2013, 10:47
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#14
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Guerrilla
35NCO is offline
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Location: CONUS
Posts: 145
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The ATF has told Montana that they cannot do this. However the case is now being heard in the 9th circuit under MSSA vs. Holder. This will be the one to wait patiently for. It seems so far, past precedent is in our favor. What’s interesting is that there may finally be some completely free states that will be outside of federal firearms regulation. Another thing to pay attention for is if the ATF attempts a conviction in these states that passed this law. The federal convictions will have to be under violations of the GCA and NFA. How did that tinfoil thread start again? Prepare for total media outrage. 
http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm
http://missoulian.com/news/local/art...cc4c03286.html
http://firearmsfreedomact.com/2013/0...arch-4th-1913/
http://mtssa.org/
States that ALREADY have this passed:
http://firearmsfreedomact.com/
AK,UT,ID,MT,WY,SD,KS and TN...more to follow.
Last edited by 35NCO; 05-03-2013 at 11:51.
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05-03-2013, 11:08
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#15
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Area Commander
Broadsword2004 is offline
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I don't understand the bit about expanding background checks to online gun sales. If you buy a gun online, my understanding is that it first has to be shipped to an FFL dealer, and to acquire it, you must go through a background check there. Is it that private sales do not have to go through the background check at the FFL dealer though?
Quote:
Originally Posted by Team Sergeant
"illegal immigration" is not PC anymore, it's now "undocumented democrats". Didn't you get the memo?
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"Illegal immigrant" itself is a PC term when you think about it. It used to be "illegal alien."
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