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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 10-26-2009, 2:46 PM
Westerner Westerner is offline
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Default Montana's lawsuit against the feds

Greetings, 1st post here.

What are your opinions on this?

http://www.newser.com/article/d9b2j9...-in-state.html
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  #2  
Old 10-26-2009, 3:10 PM
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DarkHorse DarkHorse is offline
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Welcome to Calguns, and thank you for sharing an article that is important to you, and to us, as citizens of these United States.

Although you are well-intentioned, it would be in your best interest to accustom yourself with the search options available to you here on Calguns. Namely, the "CGN Google Search," as the normal forum search tends to be less than useful at times.



While this specific article has not been linked before, this subject has come up several times. The filing of a federal suit is news to me, but the Montana law/declaration is not.

Again, thank you for joining Calguns, and I hope you enjoy your stay.
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Old 10-26-2009, 3:17 PM
Westerner Westerner is offline
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Quote:
Originally Posted by DarkHorse View Post
Welcome to Calguns, and thank you for sharing an article that is important to you, and to us, as citizens of these United States.

Although you are well-intentioned, it would be in your best interest to accustom yourself with the search options available to you here on Calguns. Namely, the "CGN Google Search," as the normal forum search tends to be less than useful at times.



While this specific article has not been linked before, this subject has come up several times. The filing of a federal suit is news to me, but the Montana law/declaration is not.

Again, thank you for joining Calguns, and I hope you enjoy your stay.
Thanks for the warm welcome.So what do you think about this lawsuit? As for me. I think each state should be able to dictate their own gun laws and there should not be any federal involvement.
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Old 10-26-2009, 3:20 PM
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Rusty Shackleford Rusty Shackleford is offline
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Quote:
Originally Posted by Westerner View Post
Thanks for the warm welcome.So what do you think about this lawsuit? As for me. I think each state should be able to dictate their own gun laws and there should not be any federal involvement.
Look what California has done with their own gun laws.
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Old 10-26-2009, 3:22 PM
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I think that we're glad to have you, and that there's much you can learn by reading up on these subjects right here at CGN.

Quote:
Originally Posted by Westerner View Post
Thanks for the warm welcome.So what do you think about this lawsuit? As for me. I think each state should be able to dictate their own gun laws and there should not be any federal involvement.
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My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.
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Old 10-26-2009, 3:26 PM
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Quote:
Originally Posted by bdcastillo2 View Post
Look what California has done with their own gun laws.
+1 on that! With the way California has butchered the 2nd Amendment, I only wished, in this instance, that Federal Law overpower State Law!

Just my 2 cents.
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Old 10-26-2009, 3:27 PM
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Sinestr Sinestr is offline
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As you read some more here on C.G. you'll find there are some very important legal cases at the federal level. Such as McDonald vs. Chicago which is going to be heard by SCOTUS. This case will help incorporate the 2nd Amendment against all the states, this is a good thing. This will help end the patch work of laws across the U.S. concerning gun control, and help guarantee our rights.

Oh yeh, welcome to Cal Guns.
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Old 10-26-2009, 4:21 PM
1859sharps 1859sharps is offline
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Quote:
Originally Posted by Westerner View Post
Thanks for the warm welcome.So what do you think about this lawsuit? As for me. I think each state should be able to dictate their own gun laws and there should not be any federal involvement.
There has to be some uniformity across the country. leaving it up to the states 100% would be a bad idea.

the concept of why this has to be is the same logic that went into the NRA supported Bills to place all/sole authority for passing gun laws at the sate level rather then in city/county level. Now, take that concept and apply it on a national level. It only makes sense to have the Feds play at some level to ensure we all get to exercise our rights no matter which state we are in or passing through.

In my opinion the value, if done correctly, of the Montana law and law suites is to remind the Feds that while the get a say, they can only go so far. This line needs a fresh coat of paint in bad way.
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Old 10-26-2009, 4:30 PM
dantodd dantodd is offline
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Quote:
Originally Posted by 1859sharps View Post
There has to be some uniformity across the country. leaving it up to the states 100% would be a bad idea.

the concept of why this has to be is the same logic that went into the NRA supported Bills to place all/sole authority for passing gun laws at the sate level rather then in city/county level. Now, take that concept and apply it on a national level. It only makes sense to have the Feds play at some level to ensure we all get to exercise our rights no matter which state we are in or passing through.

In my opinion the value, if done correctly, of the Montana law and law suites is to remind the Feds that while the get a say, they can only go so far. This line needs a fresh coat of paint in bad way.
The Montana law is more about the 10th Amendment and the ICC than it is about the 2nd Amendment.

After incorporation SCOTUS and lower courts will draw the line on permissible limitations to our 2A rights. States can have any constitutional laws they like. The feds can also make any law that doesn't unduly limit our 2A rights as well but with a caveat. That caveat is that they need the authority to make such a law. The authority is often found in the Interstate Commerce Clause (ICC), often as a great stretch. This is why Montana's law specifically addresses firearms that are not in interstate commerce.

Something could very easily be a federal offense without being illegal locally.
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