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OfflineDeekay
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: johnm214]
    #10291948 - 05/05/09 07:38 PM (12 years, 6 months ago)

Quote:

johnm214 said:
Quote:

Seuss said:
It does, via the Supremacy Clause (US Constitution Article VI, section 2).  You are correct, I misspoke above.






Only for laws they can pass and enforce.  If they have no power to enforce the laws they have no power to assert their supremacy.



Guns made in Montana and sold in montana are not interstate commerce, and therefore their is no reason for the feds to have jurisdiction to regulate the transaction.


And I don't think you mispoke.


It doesn't contradict to make something legal or something (didn't read all the bill) legal while federal law makes it legal.



All it does is say we don't have this law, how is that contradictory?




so if a state were to allow citizens to grow and sell medical marijuana in state, it would not be breaking federal law? I'm a tad confused why this wouldn't apply, as i'm sure it doesn't


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OfflineCowFarmer
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Deekay]
    #10292194 - 05/05/09 08:13 PM (12 years, 6 months ago)


so if a state were to allow citizens to grow and sell medical marijuana in state, it would not be breaking federal law? I'm a tad confused why this wouldn't apply, as i'm sure it doesn't

Quote:

HagbardCeline said:
...Important Points ­ If guns and ammunition are manufactured inside the State of Montana for sale and use inside that state then the federal firearms laws have no applicability since the federal government only has the power to control commerce across state lines. Montana has the law on their side. Since when did the USA start following their own laws especially the constitution of the USA, the very document that empowers the USA.


Prepared by Montana Legislative Services
(406) 444-3064
http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm




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OfflineHagbardCeline
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: CowFarmer]
    #10293321 - 05/05/09 10:45 PM (12 years, 6 months ago)

No, it would be breaking federal law.  In the case of marijuana, I think it's because of that really stupid Supreme Court ruling a few years ago that said something like "Just because marijuana can be a interstate commodity, then feds have jurisdiction over states regardless of whether or not the substance actually crossed state lines.


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Invisiblejohnm214
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the bird [Re: Deekay]
    #10293572 - 05/05/09 11:29 PM (12 years, 6 months ago)

Quote:

Deekay said:
Quote:

johnm214 said:
Quote:

Seuss said:
It does, via the Supremacy Clause (US Constitution Article VI, section 2).  You are correct, I misspoke above.






Only for laws they can pass and enforce.  If they have no power to enforce the laws they have no power to assert their supremacy.



Guns made in Montana and sold in montana are not interstate commerce, and therefore their is no reason for the feds to have jurisdiction to regulate the transaction.


And I don't think you mispoke.


It doesn't contradict to make something legal or something (didn't read all the bill) legal while federal law makes it legal.



All it does is say we don't have this law, how is that contradictory?




so if a state were to allow citizens to grow and sell medical marijuana in state, it would not be breaking federal law? I'm a tad confused why this wouldn't apply, as i'm sure it doesn't





What is "it"?



Its not the conflict that has to be of conflicting legality but the law.


The states are under no duty to enforce federal law, they may decide to legalize something if they want.


Allowing people to grow and sell marijuana doesn't conflict with federal law.  Doing the activity does, and same with this law.


Of course not really, only under the bullshit present law.  Under a plain reading of the constitution their is no right of the federal government to regulate interstate marijuana/gun stuff.



Especially now that it is settled that you have an individual right to keep and bear arms, their is no justification for the federal regulation except the bullshit commerce clause interpretation.



If the conservatives weren't all fucking pussies and idiots they'd fight this.  But they are, and they really don't mean shit when they talk about federalism.


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OfflineTGRR
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: HagbardCeline]
    #10293596 - 05/05/09 11:33 PM (12 years, 6 months ago)

Quote:

HagbardCeline said:
No, it would be breaking federal law.  In the case of marijuana, I think it's because of that really stupid Supreme Court ruling a few years ago that said something like "Just because marijuana can be a interstate commodity, then feds have jurisdiction over states regardless of whether or not the substance actually crossed state lines.




Translation:  One big steaming heap of bullshit.


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OfflineMr.Al
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Re: Montanta to supercede federal gun regs, allow any type of firearm made in state, give feds the b [Re: TGRR]
    #10323723 - 05/11/09 08:33 PM (12 years, 6 months ago)

campaignforliberty.com%2Findex.php%3Fblogpage%3D1&feature=player_embedded


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