Posted: 7/4/2017 8:17:35 PM EDT
| Simple question: If Federal law preempts or trumps State law, how do states get away what they do with laws hog tying the 2A? |
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The Federal law sets the floor for firearms law. In other words the states can make a tighter law such who can get a concealed carry permit, or what type of firearms can be sold, until a federal law or judicial ruling says they can't make such a law.
However a state could not make a law that says supressors can be sold over the counter, since it would take the Federal government to abolish the NFA. |
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They can ignore anything they want. They are a Court with almost complete discretionary review. It takes 4 Justices to grant and only Thomas and Gorsich want to take 2A cases. Quoted:
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But this has been going on long before Heller. How can SCOTUS just ignore it? |
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Does anyone know if "discretionary review" was a deliberate act by the Founders? Quoted:
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But this has been going on long before Heller. How can SCOTUS just ignore it? https://en.wikipedia.org/wiki/Discretionary_review |
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Yes actually I can. (Pre 1964) Quoted:
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Can you imagine a certain state saying people of a certain race can't vote or own property? |
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The Federal law sets the floor for firearms law. In other words the states can make a tighter law such who can get a concealed carry permit, or what type of firearms can be sold, until a federal law or judicial ruling says they can't make such a law. However a state could not make a law that says supressors can be sold over the counter, since it would take the Federal government to abolish the NFA. |
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Came about in 1891 and expanded in 1925 according to wikipedia https://en.wikipedia.org/wiki/Discretionary_review Quoted:
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But this has been going on long before Heller. How can SCOTUS just ignore it? https://en.wikipedia.org/wiki/Discretionary_review |
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So apparently it only exists because the Supreme Court would be too busy without it. The Founders had nothing to do with it. Quoted:
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But this has been going on long before Heller. How can SCOTUS just ignore it? https://en.wikipedia.org/wiki/Discretionary_review |
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After the Supreme Court enacted gay marriage we had a county clerk go to jail for disobeying. Why haven't we had anybody go to jail for disobeying Heller?
Why is my right that is explicitly spelled out in the Constitution less important than one that the Supreme Courts invented? |
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After the Supreme Court enacted gay marriage we had a county clerk go to jail for disobeying. Why haven't we had anybody go to jail for disobeying Heller? |
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However a state could not make a law that says supressors can be sold over the counter, since it would take the Federal government to abolish the NFA. That's why nobody has been able to legalize weed..... The ultimate law of the land is the constitution. Not the Fed. State and Fed laws are legal only when they agree with the power given to them by us.(the constitution) |