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Posted on 03/29/2022 10:18:21 AM PDT by marktwain
On February 16, 2022, the Biden Administration filed a lawsuit in the United States District Court for the Western District of Missouri, Central Division, claiming the Second Amendment Protection Act, (SAPA) was unconstitutional.
This lawsuit challenges a Missouri state statute that purports to invalidate federal firearm laws within the State. The Missouri law uniquely discriminates against federal agencies and employees; impairs law enforcement efforts in Missouri; and contravenes the Supremacy Clause of the United States Constitution.
The statute referred to was passed as HB 85 and 310. The bills specifically challenge federal power in several ways. The bills are a direct challenge to federal power to regulate and tax arms, as well as an anti-commandeering measure. From the bill:
(6) The people of the several states have given Congress the power “to regulate commerce with foreign nations, and among the several states”, but “regulating commerce” does not include the power to limit citizens’ right to keep and bear arms in defense of their families, neighbors, persons, or property nor to dictate what sorts of arms and accessories law-abiding Missourians may buy, sell, exchange, or otherwise possess within the borders of this state;
(7) The people of the several states have also granted Congress the powers “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution of the United States in the government of the United States, or in any department or office thereof”. These constitutional provisions merely identify the means by which the federal government may execute its limited powers and shall not
(Excerpt) Read more at ammoland.com ...
This will be interesting
The silver lining is that if Biden wins this suit then all sanctuary laws will also be invalid.
so, we have our inalienable right to own firearms/protection, and our constitutions which is supposed to back up that right, is under such attack by the left that a state finds it necessary to pass another law which ‘protects the constitution’s 2nd amendment protection” and now the biden admin wants to fight it claiming that it’s unconstitutional?
and to be clear, our inalienable rights override the constitution! The constitution is there to just affirm that yes, we have that inalienable right already granted to us
Do you need reminded that none of them are “absolute” per branDUHn? Wonder what reaction we’d see if someone decided to repeal the 13th and 19th amendments. After all, according to branDUHn they ain’t “absolute”. Just sayin’.............. :>}
It’s seems like there quite a few of these State vs Fed suits all happening now. Thinking W.Va vs EPA.
Hopefully, SCOTUS will reverse the “Feds are all powerful” and can do what ever they want. And any unelected agency can just issue fiat laws. course we have been on since the 60s.
Great point! This suit also opens up the argument that the federal government is infringing on 2A rights and Missouri’s law merely upholds the US Constitution.
I see ...”The bills are a direct challenge to federal power to regulate and tax arms...”
Then No State can pass ANY Fire Arms bills or even Tax Fire Arms.
Best way to fight trinary is to use their own words against them.
Commie phucks!
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
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More 2nd Amendment related articles on FR's Bang List.
If I recall this legislation correctly, the Missouri law forbids state employees from aiding the federal government enforcing federal diktats. It imposes fines and jail time on state employees aiding the feds.
This is entirely within the state’s sovereign power to do so. The USSC in Prinz v US settled this question, when Clinton tried to draft state employees to carry our 2nd amendment enforcements. The court said states are sovereigns and can’t be forcibly drafted to aid the feds in their actions.
What’s really happening here is that the federal government cannot enforce its diktats without the assent and cooperation of the states. The feds simply don’t have the manpower or logistical means to police the states without the state’s cooperation.
Missouri’s law completely cripples the fascist federal bureaucracy trying to attack individuals or groups within a state. The Missouri law is a good law, and more states need to follow Missouri’s example.
Add in elected pro-2nd amendment, constitutional sheriffs, and the feds are in deep trouble trying to enforce its fascist diktats.
BTW, courts have consistently ruled that counties and Indian reservations are also sovereigns.
>>The silver lining is that if Biden wins this suit then all sanctuary laws will also be invalid.
Only if you expect logical consistency from a purely political process. Obama judges would have no problem upholding sanctuary laws for immigration, but declaring sanctuary laws for gun owners unconstitutional.
The gist is that California has seceded by disavowing federal law rather than make an effort to evade it
Why do you think that will mean anything. Governments will continue doing what they're doing now and who will stop them if it's against the law?
It is 100% constitutional for
states to refuse to provide State resources to the Feds for use in enforcing Federal law. The States can’t try to prevent the Feds from doing their jobs. Then can’t keep them out of the state, but the don’t have to help. That point has been upheld by SCOTUS 4 or 5 times.
bkmk
The FedGov will Judge-shop until they find the appropriate leftist/communist/socialist/Marxist/liberal/anarchist in a black robe, and try the case with him/her. MO will be overturned if they get their hand-picked Judge.
Hadn’t thought of that!
Good point!
Nope. They cherry pick. There is no consistent pattern of law or enforcement with liberals. They will violate parts of the constitution they disagree with, and uphold and fortify what they like. We don’t get to win through some back door consistency.
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