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Campfire Ranger
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Campfire Ranger
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From a legal perspective, does Fed law trump state law in such cases?
Depends,,, if it's a law that upholds the constitution like MT's enforcement of the 2nd amendment or AZ's attempt to do the feds job in protecting our borders then YES fed law trumps state, but if it's a law legalizing drugs then NO, the state law rules the day. At least that's the way Obama and Holder see it. Kinda confusing, huh?
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Campfire Sage
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Campfire Sage
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I hope it works, but doesn't Federal law (whatever it may become) trump state law? It would make for an interesting fight. This is a common misconception. There are actually only very few and specific areas where, within the states, Federal law can trump state law. For example, states may not have their own unique foreign policy as to other nations, or declare war against other nations, or borrow funds from other nations, or regulate interstate or international commerce, etc., i.e., the powers delegated to the Federal Government, where the Federal Government has chosen to act, establish Federal law supremacy. In all other areas, states are supreme within themselves. For the Federal Government to have supremacy with regard to firearms or drug legislation within a state, they'd need to demonstrate where said power was delegated to it by the states within the text of the US Constitution. If not, the states are supreme within themselves in that regard, and Federal laws to the contrary are null and void within said states. I see no provision within the US Constitution delegating authority to the Federal Government regarding firearms or drugs (apart from the regulation of the terms of interstate or international commerce regarding them), therefore, within the states, state law is supreme regarding them. Yep. GFY, Travis
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Jul 2008
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Campfire Regular
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Campfire Regular
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Good on Montana!! The dipsticks here in St. Paul should take heed but they are too stupid.....
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Campfire Tracker
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Campfire Tracker
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1 and done
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Campfire Sage
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Campfire Sage
Joined: Aug 2007
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Good on Montana!! The dipsticks here in St. Paul should take heed but they are too stupid..... Having met Minnesotans that hunt, fish, and believe there is no need for AR 15's and "high" capacity magazines, I have decided your state is [bleep]. With a capital U. Travis
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Campfire Regular
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Campfire Regular
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You are right on, but don't put all of us in that same category Travis......
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Joined: Aug 2007
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Campfire Sage
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Campfire Sage
Joined: Aug 2007
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You are right on, but don't put all of us in that same category Travis...... Oh I don't. But the virus is pretty thick out that way. Travis
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Jul 2008
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Campfire Regular
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Campfire Regular
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Again, you are right on!!!
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Campfire Ranger
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Campfire Ranger
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Time to move to Montana, cannot believe I have to get on my knees and beg the CO governor to not ignore the Bill of Rights.
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Campfire Tracker
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Campfire Tracker
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I've been to Montana 3 times, once to Yellowstone, the other two times for archery elk hunting. I couldn't get over how our guide would park his vehicle to start out on a hunt and he wouldn't lock the doors. He said if someone needed something that badly they could just have it.
That wouldn't work here in Michigan - people will steal you blind.
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Campfire Ranger
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Campfire Ranger
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I hope it works, but doesn't Federal law (whatever it may become) trump state law? It would make for an interesting fight. This is a common misconception. There are actually only very few and specific areas where, within the states, Federal law can trump state law. For example, states may not have their own unique foreign policy as to other nations, or declare war against other nations, or borrow funds from other nations, or regulate interstate or international commerce, etc., i.e., the powers delegated to the Federal Government, where the Federal Government has chosen to act, establish Federal law supremacy. In all other areas, states are supreme within themselves. For the Federal Government to have supremacy with regard to firearms or drug legislation within a state, they'd need to demonstrate where said power was delegated to it by the states within the text of the US Constitution. If not, the states are supreme within themselves in that regard, and Federal laws to the contrary are null and void within said states. I see no provision within the US Constitution delegating authority to the Federal Government regarding firearms or drugs (apart from the regulation of the terms of interstate or international commerce regarding them), therefore, within the states, state law is supreme regarding them. Yep. GFY, Travis It sure sounded good however the Supremacy Clause of the Constitution clearly states that individual states cannot pass laws that supersede Federal Law and the US Supreme Court has ruled in favor of federal law so long as Congress is acting within their power(s).
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Campfire Ranger
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Campfire Ranger
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I found this through a google search and it sure sounds as if states can't just inact laws that are in conflict with Federal Law. It does however sound as though they would have to hash these out before the Supreme Court. Given what happened with ObummerCare, I'm not overly confident with any present day SC rulings.
Supremacy Clause, establishes the U.S. Constitution, federal statutes, and U.S. Treaties as "the supreme law of the land." The text provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.
The "supremacy clause" is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts. - United States Senate
The Supremacy Clause only applies if Congress is acting in pursuit of its constitutionally authorized powers. Federal laws are valid and are supreme, so long as those laws were adopted in pursuance of�that is, consistent with�the Constitution. Nullification is the legal theory that states have the right to nullify, or invalidate, federal laws which they view as being unconstitutional; or federal laws that they view as having exceeded Congresses� constitutionally authorized powers. The Supreme Court has rejected nullification, finding that under Article III of the Constitution, the power to declare federal laws unconstitutional has been delegated to the federal courts and that states do not have the authority to nullify federal law.
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Campfire Sage
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Campfire Sage
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Well since the Supreme Court ruled that banning a firearm that is in common use by American citizens is unconstitutional, I'd say Montana is well on their way to drawing the line in the sand.
Travis
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Campfire Tracker
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Campfire Tracker
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Don't some of you guys start thinking Montana is all peaches and cream. Jobs pay terrible here, there is plenty of crime , even murders, and people will steal and vandalize your stuff.Also keep in mind that the wolves have gotten out of control in many parts of the state and the hunting isn't the same anymore. Just want these things to be clear before thousands start loading U hauls and start heading for Big Sky Country... :| One of the better places to live?? Yeh I think so, but far from perfect.
1 and done
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Campfire Ranger
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Campfire Ranger
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Was that ruling for firearms currently owned by citizens ? I think it was, but I could be wrong. I think what we have to worry about is anything (firearms, magazines etc) being manufactured, sold etc.. after this, God forbid, AWB goes through. I believe that was the same issue with the AWB of the 90's, was it not ?
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Campfire Ranger
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Campfire Ranger
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There is a similar bill being discussed in ND. When I contacted my state congressmen, one of the dimwit Democrats wrote back that he didn't want to be responsible for starting a Second Civil War in the UNITED States.
I wrote back--who would be starting the war anyway, the state or the feds? He didn't have an answer.
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Campfire Greenhorn
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Campfire Greenhorn
Joined: Jan 2007
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Unfortunately it hasn't passed yet. It was returned to the House with amendments.
http://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=302&P_BLTP_BILL_TYP_CD=HB&Z_ACTION=Find&P_SESS=20131
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Campfire Sage
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Campfire Sage
Joined: Aug 2007
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Was that ruling for firearms currently owned by citizens ? I think it was, but I could be wrong. I think what we have to worry about is anything (firearms, magazines etc) being manufactured, sold etc.. after this, God forbid, AWB goes through. I believe that was the same issue with the AWB of the 90's, was it not ? I believe the verbiage was referencing types of firearms. For example a Ma Deuce is restricted and will remain so. But .gov cannot wake up one morning and eliminate the manufacturing of Remington 870's because they are in "common use." Of course, people getting paid far more than you and I are going to go round and round about this schit for years. But from my understanding, this MT legislation has teeth if the governor signs it. Travis
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Aug 2007
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Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
There is a similar bill being discussed in ND. When I contacted my state congressmen, one of the dimwit Democrats wrote back that he didn't want to be responsible for starting a Second Civil War in the UNITED States.
I wrote back--who would be starting the war anyway, the state or the feds? He didn't have an answer. He's a coward. Travis
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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