Wyoming House Approves Unconstitutional Ban On Non-Existent Gun Laws
Source: Think Progress
Wyoming House Approves Unconstitutional Ban On Non-Existent Gun Laws
By Annie-Rose Strasser on Jan 31, 2013 at 11:15 am
On Thursday, members of the Wyoming state House gave initial approval to a bill that would nullify any gun laws passed by the U.S. Congress pertaining to extended magazine clips or semi-automatic weapons. The move is not only unconstitutional, but it is thus far unnecessary: Congress has yet to pass any new gun laws for Wyoming to attempt to nullify.
Under the Constitution, states are not permitted to pass laws meant to supersede federal legislation. But state Rep. Kendell Kroeker (R) argued that since Congress has not yet passed any gun laws, the nullification measure did not violate the Constitution. It is clearly a different case than trying to nullify something thats already in existence, Kroeker said.
But his colleagues apparently tried to keep the representative in check, with one pointing out, If we want to make a statement we can do it, but lets not lets not pretend that its consistent with the Constitution, because its not.
The bill was also amended to make it a misdemeanor charge for a federal employee to attempt to enforce federal gun laws in Wyoming. Thats actually an improvement from the original bill, which called for felony charges. It will now go to the Wyoming Senate where, with a 23-7 Republican majority, it will likely enjoy broad support.
Read more: http://thinkprogress.org/justice/2013/01/31/1521151/wyoming-nullification-gun/
Pab Sungenis
(9,612 posts)Last time it took 30 years from the first Nullification Crisis for open warfare to break out. This time I don't think the right wingers are willing to wait that long.
sinkingfeeling
(51,448 posts)unblock
(52,205 posts)hey, why not propose a bill that enables the summary torture and execution of all eight-legged humans?
none exist at present, so it's not unconstitutional!
vote for my bill! it's not unconstitutional because it's completely silly!
FBaggins
(26,731 posts)It wouldn't become unconstitutional until a federal law on the topic is created.
It would be interesting to see how each side views this law compared to various state pot legalization attempts.
Smilo
(1,944 posts)on imaginary items rather than do any actual work.
randome
(34,845 posts)They prove it every day by sitting on their fat asses passing make-believe legislation.
Remmah2
(3,291 posts)You pass pollution laws before some butt wipe dumps waste into the lake.
The Wizard
(12,542 posts)is the next logical step, let's build a wall around Wyoming. It will put people to work and keep normal people safe from Wyoming gunslingers.
ROBROX
(392 posts)many states write laws which are BETTER than federal laws like the POT laws in some progressive states. California has always had STRONGER air pollution laws.
I civil war happens I see more than just the south going to war. I see the west & east coast versus the OTHERS. The bad thing is that those NUTS would want to attack others just so they could shot somebody.
yellowcanine
(35,699 posts)nonexistent gun laws.
blueclown
(1,869 posts)The State of Wyoming is preempting the federal government's power to regulate firearms. Wyoming is not seeking to work with the federal government to regulate use of firearms; they are seeking to nullify any such laws. That is a relatively simple case of violation of the Supremacy Clause, and I'm surprised such a clearly unconstitutional bill would ever reach the floor. If it ever is passed, it will receive an immediate facial challenge and be struck down. What a waste of time.
Arkana
(24,347 posts)Personally, I look forward to federal troops "explaining" to their governor and legislature why they can't just decide not to follow federal law.