Why I Oppose Cornyn's Concealed Carry Reciprocity Bill - and Why You Should, Too - Page 10
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Thread: Why I Oppose Cornyn's Concealed Carry Reciprocity Bill - and Why You Should, Too

  1. #91
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    Quote Originally Posted by NavyLCDR View Post
    "Congress hereby declares that requiring a legal resident of the United States to obtain government permission to carry a firearm for legal purposes in the form of any permit or license is an infringement of the People's right to bear arms as set forth in the Second Amendment to the United States Constitution. Congress hereby further declares that the Second Amendment to the United States Constitutions prohibits State and lower divisions of government from infringing upon the right of the People to bear arms as well as the Federal government by incorporation under the Fourteenth Amendment to the United States Constitution. Therefore Congress declares that upon the day this law is enacted by the President of the United States or by other authorized act of congress, the Federal government, any State government, and any subdivision of any State government is hereby prohibited from enacting any law requiring any permit or license or obtaining permission from that government in any other form to keep and bear a firearm for legal purposes. Any currently existing law, statute, ordinance or regulation requiring such a permit, license or permission is declared Unconstitutional and immediately revoked, and is null and void."

    Then the Attorneys General of states like Washington and Hawaii would immediately file a lawsuit in a liberal Federal Court and a stay against enforcement of the law would immediately be granted.
    Quoted to support the truth contained therein!!!!
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  3. #92
    Join Date
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    Nobody.

    Quote Originally Posted by NavyLCDR View Post
    "Congress hereby declares that requiring a legal resident of the United States to obtain government permission to carry a firearm for legal purposes in the form of any permit or license is an infringement of the People's right to bear arms as set forth in the Second Amendment to the United States Constitution. Congress hereby further declares that the Second Amendment to the United States Constitutions prohibits State and lower divisions of government from infringing upon the right of the People to bear arms as well as the Federal government by incorporation under the Fourteenth Amendment to the United States Constitution. Therefore Congress declares that upon the day this law is enacted by the President of the United States or by other authorized act of congress, the Federal government, any State government, and any subdivision of any State government is hereby prohibited from enacting any law requiring any permit or license or obtaining permission from that government in any other form to keep and bear a firearm for legal purposes. Any currently existing law, statute, ordinance or regulation requiring such a permit, license or permission is declared Unconstitutional and immediately revoked, and is null and void."

    Then the Attorneys General of states like Washington and Hawaii would immediately file a lawsuit in a liberal Federal Court and a stay against enforcement of the law would immediately be granted.
    I kind of agree with you on this point Navy, but I have some thoughts on how I think this would likely proceed.

    Who in the states have authority to deny us rights? The answer is nobody. Again: States have no rights to deny rights. They have powers, but even with their powers, they cannot use their powers to deny rights or even to grant us rights. They simply cannot. So the answer is NOBODY.

    It's an interesting proposal to be sure, and I would agree with you that AGs of anti-gun states would file suit in federal court, and they would at least get a TRO. (The TRO would last for two weeeks until something more permanent could be secured although to ge a more permanent order requires a very high bar, and they would be unlikely to get it because the states would be unlikely to prevail against Congress's use of the Supremacy clause.) The case would still proceed, but it would end up being appealed up to the U.S. Supreme Court because the lower courts would disagree or would not be able to resolve it properly. In constitutional questions or challenges to Congressional laws where a Constitutional right is at issue, the U.S. Supreme Court is the proper venue.

    The question is then twofold: Would the U.S. Supreme Court take the case? Probably, they would be unwilling to let lower courts decide it.

    The second part of the question is would the U.S. Supreme Court uphold Congress or would it favor the States?

    For that, take a look at past cases which involved federal preemption by Congress and what the U.S. Supreme Court did in those cases as it established precedent.

    https://en.wikipedia.org/wiki/Federa...ent_to_preempt

    See (Supremacy Clause, federal preemption examples):
    Gibbons v. Ogden, 22 U.S. 1 (1824) Navigation case. (Conflict preemption)
    Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43 (1963) Invalidated CA state law. Due to actual conflict with federal law. (Conflict preemption)
    Gade v. National Solid Wastes Mgmt. Ass'n, 505 U.S. 88, 98 (1992) Invalidated Illinois state law. Due to conflict with federal law. (Conflict preemption)

    There is also express preemption but that is covered by other cases.
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  4. #93
    If the Senate Bill was to pass, it would then have to go to the House to be approved. If the House Bill is approved, it has to go to the Senate, and back to the House. I don't see enough push behind the Senate Bill, but the HR on the other hand is by far more preferred by more gun groups, Congressmen, and gun owners I've talked too.
    The only sandbaggers are the troll on this web site. And this Web Site(USA CARRY) itself backs this bill.

  5. Quote Originally Posted by SR9 View Post
    If the Senate Bill was to pass, it would then have to go to the House to be approved. If the House Bill is approved, it has to go to the Senate, and back to the House. I don't see enough push behind the Senate Bill, but the HR on the other hand is by far more preferred by more gun groups, Congressmen, and gun owners I've talked too.
    The only sandbaggers are the troll on this web site. And this Web Site(USA CARRY) itself backs this bill.




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  6. #95
    Quote Originally Posted by mikestone967 View Post




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  7. Quote Originally Posted by corneileous View Post
    You would know mr "I want Daddy fed to control stuff so I can do things"

    The ultimate government shill...


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  8. #97
    Quote Originally Posted by mikestone967 View Post
    You would know mr "I want Daddy fed to control stuff so I can do things"
    And what would that be, Mr. Troll? Just what exactly is your teeny, tiny, little, self-absorbed, self-righteous, "half a brain cell" in that noggin of yours telling you I want something from "Daddy Fed"? Where have I said I did? Are you just that much of an idiot to get it?

    Keep looking for that short pier I told you about. You'll find it.

    The ultimate government shill...
    Whatever, mongoloid.

  9. Quote Originally Posted by corneileous View Post
    And what would that be, Mr. Troll? Just what exactly is your teeny, tiny, little, self-absorbed, self-righteous, "half a brain cell" in that noggin of yours telling you I want something from "Daddy Fed"? Where have I said I did? Are you just that much of an idiot to get it?

    Keep looking for that short pier I told you about. You'll find it.


    Whatever, mongoloid.




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