NePa county votes to defy gun restrictions

[lrgray1570]

On Wednesday, county leaders smack dab in the middle of Marcellus shale country offered a hearty "Frack You" to gun-control advocates, voting to approve a resolution declaring that any "federal act, bill, law, rule or executive order that in any way infringes on our Second Amendment rights by attempting to reduce the private ownership of any firearm, magazine or ammunition shall be unenforceable in Susquehanna County," the Citizens-Voice of Wikes-Barre reports this morning. http://bit.ly/Wttmmu

[Sheriff Gotcha]

They need to do that for the whole state.

[LifeInPa]

They need to do that for the whole state.

Look up HB 357, we're working on it.

[cjbcpa]

I'm not a constitutional lawyer but I have stayed at a Holiday Inn Express. ;-)

Folks should pull out their pocket constitution and review the Supremacy Clause. If congress passes it and it doesn't violate the constitution, it is the law of the land regardless of what some state legislature says.

e.g. Daylin Leach's bill making marijuana legal in PA could pass but you'll still be in violation of federal law and will go to jail if caught and prosecuted by the Fed's.

Don't have to like it or agree with it, but that's the way it is.

[Amazon Hunter]

I'm not a constitutional lawyer but I have stayed at a Holiday Inn Express. ;-)

Folks should pull out their pocket constitution and review the Supremacy Clause. If congress passes it and it doesn't violate the constitution, it is the law of the land regardless of what some state legislature says.

e.g. Daylin Leach's bill making marijuana legal in PA could pass but you'll still be in violation of federal law and will go to jail if caught and prosecuted by the Fed's.

Don't have to like it or agree with it, but that's the way it is.

I understand what you are saying here and I agree that for us to think that these laws will work for us we are being fooled however it is happening right now and has happened for years.
There are no federal laws that prohibits you from obtaining a carry permit but there are states that have laws that prevents you from doing so.
So let me ask you this. What's the difference?
So if the feds pass a law that says you can't have a gun the state should be able to over rule that law since that is what some states are currently doing and have been doing for years.
Can you agree with this statement?

[cjbcpa]

No I don't agree, and no they haven't been doing it for years.

States can make all the laws they want, but once there is a federal law, it supercedes state law and effective "blankets" the US. Enforcement by the feds is another issue and comes down to priorities and resources. Otherwise, why not create state legislation making the federal income tax invalid, or social security or civil rights legislation if that's what some state wanted to do?

The permit example you use proves the point, in the absence of federal law the state can implement its own permit legislation. If some sort of federal permit mechanism were to become law, it would override the state requirement. Another example, drivers licenses. There's no national/federal license so the states have the latitude to create there own with there own requirements. If a national/federal licensing system were to become law, that's what you'll have to carry.

To be clear, I'm as upset as the next guy at what's happening in the aftermath of Sandy Hook but political grandstanding by state legislatures in this fashion is just as bad as what Feinstein and her bunch are doing in Washington - Bad politics, bad policy and not solving the real problem.

[ak47fullmag]

They need to do that for the whole state.

Def in the works. PA gets a big HELL YEA!

[snakeman21]

No I don't agree, and no they haven't been doing it for years.

States can make all the laws they want, but once there is a federal law, it supercedes state law and effective "blankets" the US. Enforcement by the feds is another issue and comes down to priorities and resources. Otherwise, why not create state legislation making the federal income tax invalid, or social security or civil rights legislation if that's what some state wanted to do?

The permit example you use proves the point, in the absence of federal law the state can implement its own permit legislation. If some sort of federal permit mechanism were to become law, it would override the state requirement. Another example, drivers licenses. There's no national/federal license so the states have the latitude to create there own with there own requirements. If a national/federal licensing system were to become law, that's what you'll have to carry.

To be clear, I'm as upset as the next guy at what's happening in the aftermath of Sandy Hook but political grandstanding by state legislatures in this fashion is just as bad as what Feinstein and her bunch are doing in Washington - Bad politics, bad policy and not solving the real problem.

Agreed. Take medicinal marijuana for instance. If you live in a state that permits medicinal marijuana, and you have a prescription and use your marijuana to treat your condition, feds can still arrest you for possession. The state law means nothing at that point.

[ray h]

What this amounts to is the county is saying they will not arrest or charge anyone who violates those federal laws.

[ak47fullmag]

What this amounts to is the state is saying they will not arrest or charge anyone who violates those federal laws.

yup. So in order for federal government to enforce it - they would (I imagine) force unwilling participants to prosecute unwilling participants.
its a crazy system.