Are CGF/SAF/CRPA/NRA going to file Amici in US v Arizona?

[OleCuss]

Fascinating little problem hidden in the US v Arizona case regarding Arizona's SB1070. I believe it has the potential to have significant relevance to the RKBA but I'm not sure how it all sorts out.

Here's the link to the 9th Circuit ruling: http://tinyurl.com/d8yynnj

The problem that I see is that they appear to be allowing federal pre-emption when state law causes consternation on the part of foreign governments and our government doesn't like it. This appears to be based on Garamendi.

So Obama gets complaints from Mexico about firearms being sold in the U.S. ending up South of the border due to states allowing ready access to firearms. Obama and company may decide that this means they have pre-emptive authority to void the irritating state law.

Presidential fiat is enabled by foreign governments to violate our rights. Sweet!!! (Not.)

I'm hoping I'm totally mis-reading the implications.

[Gray Peterson]

They would be suicidally stupid to do so. The preemption issues with immigration are different than gun issues.

INA is already existing law. 18usc926 says something different.

[bwiese]

Without addressing this specific matter directly, Federal preemption is generally our friend post-Heller/McDonald.

[OleCuss]

Thank you for the responses. I like learning.

I understood that the normal pre-emption was to our benefit. But the exercise of Presidential pre-emption based on foreign policy concerns did not seem clearly to our benefit. . .

[OleCuss]

Can I be stupid a little longer?

I want to be clear that there are two forms of pre-emption which were cited here. One of them (the one which is very roughly described as where the feds occupy the field) seems very valid and to be our friend at this time.

The other one is the one which I've addressed above. This is where the POTUS says, hey, what the state is doing is resulting in other countries sending me unhappy letters. So the POTUS then gets to simply kill off the state law which he/she alleges is causing a foreign policy harm. This is the part which cites Garamendi.

I'm not yet certain that the Presidential foreign policy pre-emption of state law is one that is friendly to us. Getting another SCOTUS precedent on this matter might not be helpful. Understand, this is not about federal law pre-empting state law, this is about the POTUS pre-empting state law.

If I'm concerned about the wrong thing, feel free to fling a few obscenities my way and tell me to go away. I'll actually feel a little better about the situation.

[hoffmang]

For reasons I can't yet get into, the Foreign commerce power, as executed by the executive, is likely to be our friend - especially because importation of arms was something the Second Amendment was specifically passed to protect.

-Gene

[johndoe2150]

I see what you did there.

[thedrickel]

For reasons I can't yet get into, the Foreign commerce power, as executed by the executive, is likely to be our friend - especially because importation of arms was something the Second Amendment was specifically passed to protect.

-Gene

And you've been taking forever to implement this against the CA mag ban?

[johndoe2150]

And you've been taking forever to implement this against the CA mag ban?

I guess it takes a lot of time to prepare their extended capacity packages.

[safewaysecurity]

I guess it takes a lot of time to prepare their extended capacity packages.

Nah I think they're trying to find the right "Ice Cream Truck" song for Gene's armored cars that are going to be making their away around our neighborhoods selling standard cap mags.

[OleCuss]

I appreciate the additional info.

[Wherryj]

Nah I think they're trying to find the right "Ice Cream Truck" song for Gene's armored cars that are going to be making their away around our neighborhoods selling standard cap mags.

I've never run after an ice cream truck before, but that would certainly give me a reason to teach my son the age-honored experience.

[dantodd]

Nah I think they're trying to find the right "Ice Cream Truck" song for Gene's armored cars that are going to be making their away around our neighborhoods selling standard cap mags.

Might I suggest:

[Doppelgänger]

For reasons I can't yet get into, the Foreign commerce power, as executed by the executive, is likely to be our friend - especially because importation of arms was something the Second Amendment was specifically passed to protect.

-Gene

I want Chinese AKs and ammo!

[kcbrown]

For reasons I can't yet get into, the Foreign commerce power, as executed by the executive, is likely to be our friend - especially because importation of arms was something the Second Amendment was specifically passed to protect.

Oh, boy. That last bit has me salivating at all the nifty applications.

Original public meaning for the win!