Possibly a nullifying law forfederal gun legislation

**jdgabbard** · 01-15-2013, 05:00 PM

I was in a conversation the other day with Dustin Roberts, the representative from district 21. He share some info with me. From what he tells me, much like Wyoming, there will be a bill introduced to nullify any federal laws concerning gun legislation that are passed after 2012. While he couldn't tell me what the bill number was, or who was writing it, he did say that we should see all the bills submitted this Thursday. Which is tomorrow.

Now I normally am more of a pessimist, but I do believe that there is a good possibility that this is true. What say you?

**rebelracer79** · 01-15-2013, 05:04 PM

Today is Tuesday, but I hope they can get this passed

**Werewolf** · 01-15-2013, 05:08 PM

Wyoming and now Texas have both submitted bills that would nullify federal anti-gun regs in their respective states.

One must applaud the effort and intent.

However

One most certainly wonders how such a law would be enforced?

Seriously - if the feds come a knockin' with the intent to take you away what is the state going to do? Who in the employ of the state is going to stop them from haulin' you off? If taken will the state send bodies to retrieve you? Will the state go to war with the feds to get you out of the pokey? Will the state use tax payer dollars to defend you in federal court?

Well!

Will it?

Inquiring minds want to know...

**jdgabbard** · 01-15-2013, 05:20 PM

The way in understanding it is that if they try to enforce it, they are arrested an charged with a felony of up to 5yrs hard time.

And yes, it is Tuesday! Lol

**Arin Morris** · 01-15-2013, 05:39 PM

I would think it would depend on the Sheriff of that county.

**daddy-o** · 01-15-2013, 05:42 PM

Just got through emailing my state rep Mike Sanders. We all need to get on board and start writing, calling, making contact with them. Invite them shooting. Remember, they are our paid reps, our voices. We have to make our voice heard or they think we don't care.

**ripnbst** · 01-15-2013, 05:54 PM

Originally Posted by Werewolf

Wyoming and now Texas have both submitted bills that would nullify federal anti-gun regs in their respective states.

One must applaud the effort and intent.

However

One most certainly wonders how such a law would be enforced?

Seriously - if the feds come a knockin' with the intent to take you away what is the state going to do? Who in the employ of the state is going to stop them from haulin' you off? If taken will the state send bodies to retrieve you? Will the state go to war with the feds to get you out of the pokey? Will the state use tax payer dollars to defend you in federal court?

Well!

Will it?

Inquiring minds want to know...

I have better questions. If you defend yourself and kill them while they are in commission of a felony in your state will any survivors within their posse be charged with their death? Will you not be tried because you were defending yourself in the commission of a felony against you where it would be reasonable to believe they would harm you? I mean, they'd have guns and **** right?

WILL THEY?

Inquiring minds want to know.

This would be a good reason to stand your ground and fight off any attempt at gun grabbing. Your actions would be justified under current OK law assuming they pass this making it a felony to try and attempt to take your guns away.

**RollingRock** · 01-15-2013, 05:55 PM

I think the Supremacy Clause will prevent these from kicking in, or being more than symbolic. But, if enough states did it, and those states were more blue than red, that might knock some sense into the DNC/DNP...maybe. Unless berry's goal is to let things go to **** so he can declare marshal law.

We need a lawyer to chime in...

http://en.wikipedia.org/wiki/Supremacy_Clause

**Nobody** · 01-15-2013, 05:56 PM

Wouldnt Magpul have to violate a federal law shipping to civilians in the legislation exempt states?

**farmerbyron** · 01-15-2013, 09:25 PM

Originally Posted by RollingRock

I think the Supremacy Clause will prevent these from kicking in, or being more than symbolic. But, if enough states did it, and those states were more blue than red, that might knock some sense into the DNC/DNP...maybe. Unless berry's goal is to let things go to **** so he can declare marshal law.

We need a lawyer to chime in...

http://en.wikipedia.org/wiki/Supremacy_Clause

If those a$$holes can ignore the constitution in the first place then why can't the states ignore the supremacy clause? That's the pandoras box they are opening.

**joshua74133** · 01-15-2013, 10:24 PM

Magpul would have to open a office in Oklahoma in order for us to buy 30rd mags I THINK lol

**vooduchikn** · 01-15-2013, 10:41 PM

Originally Posted by farmerbyron

If those a$$holes can ignore the constitution in the first place then why can't the states ignore the supremacy clause? That's the pandoras box they are opening.

Haven't states done this already by legalizing MJ contrary to Federal law?

**XDnOK** · 01-15-2013, 10:53 PM

Originally Posted by vooduchikn

Haven't states done this already by legalizing MJ contrary to Federal law?

Thats one is a head scratcher but I think if enough states show Obama Bin Laden the finger he just might close his mouth long enough to have a thought......

**Werewolf** · 01-15-2013, 10:55 PM

Originally Posted by ripnbst

I have better questions. If you defend yourself and kill them while they are in commission of a felony in your state will any survivors within their posse be charged with their death? Will you not be tried because you were defending yourself in the commission of a felony against you where it would be reasonable to believe they would harm you? I mean, they'd have guns and **** right?

WILL THEY?

Inquiring minds want to know.

This would be a good reason to stand your ground and fight off any attempt at gun grabbing. Your actions would be justified under current OK law assuming they pass this making it a felony to try and attempt to take your guns away.

Emphasis mine

Except for one thing. When Federal and State law conflict the constitution states Federal law will take precedence.

I'd say it was that simple but it really isn't. The 10th is pretty clear that powers not specifically delegated to the Feds are reserved to the states. Gun law was not delegated to the feds in any way shape or means except for one thing: The 2nd demands that the feds not infring a citizen's RKBA.

Which means that someone's got to be a test case and the case must end up in SCOTUS and be ruled on based on the 10th. IMO SCOTUS is a bunch of status quo anti boat rockers employed by the feds who never ever give power grabbed by the feds back to the states (at least not that I'm aware of).

So as another poster mentioned any law enacted as mentioned by the OP will be little more than symbolic.

**Dale00** · 01-15-2013, 10:59 PM

Before it ever got to the stage you guys are describing, the feds would shut off all highway funds and other federal money to which the state is addicted.