Skip to comments.House passes two gun bills despite concerns of unconstitutionality(La.)
Posted on 04/26/2013 2:30:09 PM PDT by BBell
Two gun bills -- one of which likely violates the U.S. Constitution -- were approved by the state House of Representatives on Tuesday. Over the coming weeks, lawmakers will take up the seven other gun bills approved by committee last week, all of which aim to further enshrine the rights of Louisiana gun owners.
House Bill 5 passed by a vote of 67-25 even as its sponsor, state Rep. Jim Morris, R-Oil City, reiterated his belief that the legislation is unconstitutional. The bill seeks to block enforcement in Louisiana of any federal laws restricting possession and ownership of semi-automatic weapons.
"Although I like what this bill states...I have $100,000 of student loans that tell me it's probably unconstitutional," said Rep. Joe Lopinto, R-Metairie, one of the bill's supporters. Opponents cited the supremacy clause of the U.S. Constitution, which says any state law that conflicts with federal law is unconstitutional.
Morris also said he know the passage of his bill could open up the state to litigation. Regardless, he said it would be worth fighting the federal government on the issue even "if we have to spend every dime."
The debate over the bill on the House floor was much shorter than in committee. Rep. Marcus Hunter, D-Monroe, failed to attach an amendment that would delay implementation of the bill until the U.S. Supreme Court is able to make a ruling on its constitutionality.
During debate, multiple lawmakers spoke for and against the bill, with proponents stating the state must challenge federal legislation when the federal government overreaches.
"Who created the federal government? The states," Rep. Kirk Talbott, R-River, asked Hunter from his seat.
Opponents, including Monroe Democrat Rep. Katrina Jackson, said by voting for the bill, lawmakers were directly contradicting the pledge they made to uphold both the state and U.S. Constitution.
(Excerpt) Read more at nola.com ...
The Supremacy Clause works fine as long as the Federal Law is Constitutional. Any law that violates the 2nd Amendment is Unconstitutional. Period. Go Louisiana. This is a fight worth fighting!
Well, if you’re preparing to fight the feds in court, the first step is probably getting over the idea that federal courts rulings are binding. In normal criminal and civil litigation, they wouldn’t let you sit on the jury if you knew one of the parties. With the feds, it’s OK for them to WORK for one of the litigants.
The American people need to demand that all of these low tier public servants involved in these Bill of Rights violations be tried and sent to prison where they belong.
Indeed, it would be good for state legislation that stands up to the feral government to explicitly state that it is not refusing to abide by federal laws, but rather that it is recognizing that federal statutes which contradict the supreme Law of the Land are, by definition, not legitimate. It should also note that if a statute is illegitimate, no court has any authority to declare it otherwise; any ruling contrary to the supreme Law of the Land would itself be illegitimate. Finally, it should note that if an action is not made in a good faith effort to abide by the Constitution, the fact that the action is made in bad faith is in and of itself sufficient to shatter any presumption of legitimacy it might otherwise have.