The feds need to stay out of gun laws.

[InPa]

So after much research I have discovered that most states support gun rights and allow people to get their rights restored. However, the feds have their own guidelines which trump state laws. I wonder if there is anyway to get the feds to reevaluate the gun control act of 1968 and the Brady act. States rights seem to be on the agenda among presidential candidates."The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." If the word state is used in the second amendment than perhaps the founding fathers intended on leaving the issue in the hands of states and not the national gov't. I wonder if anyone has ever challenged the constitutionality of federal gun laws based on the wording of the second amendment? Colorado and Washington told the feds to f*ck off when they legalized MJ. Why not do the same with guns? I read some stuff online that certain states have made it illegal for state officials to enforce federal gun laws.

[firemanmark]

Dude we get....It seems to me based on the general Ideas of all your various threads you have started since joining that you are a prohibited person upset at not being able to legally purchase. At first u came on here asking questions that seemed as though you were hoping to find a "loophole" in the law to be able to legally purchase, then the post asking about if the law is even enforced which almost seemed to me to be fishing to see if you could get away with illegally owning and now you have resorted to complaining about the laws. You have been given the best advise possible....and that is to contact an attorney specializing in firearms law with any issues regarding your personal situation. As far as changing the laws contact your elected officials and discuss your concerns with them.

[t1066]

Well, to be fair to the OP it is kind of frustrating. However, you are correct that he needs to see a lawyer that specializes in firearms law. At this point, anything else is spinning his wheels, or maybe sinking back into the mud.

OP, take a look at this: http://forum.pafoa.org/showthread.php?t=206659

That is what I've gone through, and I'm still not done. If you aren't willing to do it right, you are very likely to just damage your freedom or the rights of others.

As to your comment about the feds, other than federal offenses, and domestic violence convictions, they tend to leave it up to the states to decide what is and isn't prohibiting, and how rights are restored from state offenses. I could be wrong, but that is what my experience leads me to believe.

[InPa]

No firemanmark, I am not a prohibited person. I just spoke to an attorney today and I am clear. Maybe I was trying to strike up a discussion about the constitutionality of federal firearms laws based on the wording of the constitution and the principles of the 10th and 14th amendments. However, that is clearly beyond your comprehension. I have a degree in Political Science and such things fascinate me. If you lack the ability to have a "big people" discussion about such things please leave your moronic remarks to yourself.

[t1066]

No actually I am not a prohibited person. I just spoke to an attorney today and I am clear.

Congrats!

[Cyclops]

I disagree. The Feds need to set a national standard regarding gun laws. The fact that certain states can usurp my second amendment rights is just not acceptable to me. The federal government should establish a nationwide standard. I am not going to argue what the fine points of that standard should be other than to say my PA LTCF ought to good in any state in the USA.

[knight0334]

I disagree. The Feds need to set a national standard regarding gun laws. The fact that certain states can usurp my second amendment rights is just not acceptable to me. The federal government should establish a nationwide standard. I am not going to argue what the fine points of that standard should be other than to say my PA LTCF ought to good in any state in the USA.

The 2nd Amendment prohibits the Federal Government from enacting gun laws beyond interstate commerce.

But since the "Keep Clause" was incorporated in Heller(2008) against the states, the 14th Amendment empowers the Federal Government to enact laws to force states/municipalities to honor the 2nd Amendment Keep Clause.

Until SCOTUS fully incorporates the remaining clause of the 2nd Amendment(the Bear Arms Clause), there is nothing that it can do - unless it wants to go out on a limb with it..

[InPa]

State rights vs. federal rights seems to be on the agenda for presidential candidates. Guns laws are a part of the conflict. There is a provision in the Constitution which allows the Gov't to deny individuals their voting privileges but nothing states that they can have their second amendment rights revoked. Also, as I stated before the wording and spirit of the second amendment needs to be taken into consideration. I need to look into what I can do to help influence a change at the federal level. It seems like some positive things have been brewing recently. Liberals got gay marriage so now they need to do something to make conservatives happy.

[InPa]

I disagree. The Feds need to set a national standard regarding gun laws. The fact that certain states can usurp my second amendment rights is just not acceptable to me. The federal government should establish a nationwide standard. I am not going to argue what the fine points of that standard should be other than to say my PA LTCF ought to good in any state in the USA.

You have a point but the truth is that most states have not enacted gun laws as stringent as the feds have. NJ, CA, NY, and MD are good examples of states with draconian gun laws but most southern and western states are on the opposite spectrum. The only role the feds should play in the ordeal is preventing states from denying a citizens gun rights.

[free]

I wonder if there is anyway to get the feds to reevaluate the gun control act of 1968 and the Brady act.

There is. Same technique will get the feds to reevaluate all manner of out of control federal acts. However, there are not nearly enough people prepared to implement the technique at this time.

In the meantime, you got the leading Republican POTUS candidate referring to state boundaries as "artificial lines" and another referring to the 4th Amendment as "a bunch of hot air" - and all the rest (except possibly one) doing all they can do use "federal power" to the greatest extent they think they can get away with.

So yeah, suffer some more.