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Fri Jan 11, 2013, 03:25 PM

Wyoming Wingnut Launches Unconstitutional Attack on Nonexistent Gun Laws

Why Wyoming, Idaho and Montana have reputations for being "way out there" when it comes to a sane rationale...

In these states there is a loud contingent of gubbamint haters who contest anything that comes out of DC, unless it's a subsidy check of some sort. A prime example would be this:
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Wyoming Wingnut Launches Unconstitutional Attack on Nonexistent Gun Laws
Another "constitutional conservative" who doesn't understand the basics of our Constitution.


In a bill sponsored by eight representatives and two state senators, the lawmakers stipulate that “any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in Wyoming.” These two measures have been among Biden’s proposals. The Wyoming bill also makes it a felony to enforce federal gun laws:

Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony. and, upon conviction, shall be subject to imprisonment for not more less than one (1) year and one (1) day or more than five (5) years, a fine of not more than two thousand dollars ($2,000.00) five thousand dollars ($5,000.00), or both

Any federal law, rule, regulation or order created or effective on or after January 1, 2013

shall be unenforceable within the borders of Wyoming if the law, rule, regulation or order attempts to:
(i) Ban or restrict ownership of a semiautomatic firearm or any magazine of a firearm; or
(ii) Require any firearm, magazine or other firearm accessory to be registered in any manner.

There’s just one glaring problem with the legislators’ plan: If the federal government were to pass such measures, the bill would be unconstitutional.

Think Progress / By Annie Rose Strasser

Just sayin'...

24 replies, 1676 views

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Arrow 24 replies Author Time Post
Reply Wyoming Wingnut Launches Unconstitutional Attack on Nonexistent Gun Laws (Original post)
2naSalit Jan 2013 OP
2naSalit Jan 2013 #1
liberal N proud Jan 2013 #2
2naSalit Jan 2013 #3
jody Jan 2013 #4
2naSalit Jan 2013 #5
jody Jan 2013 #7
Robb Jan 2013 #9
jody Jan 2013 #10
Robb Jan 2013 #11
jody Jan 2013 #12
Robb Jan 2013 #13
The Magistrate Jan 2013 #14
jody Jan 2013 #15
The Magistrate Jan 2013 #16
jody Jan 2013 #17
The Magistrate Jan 2013 #18
Robb Jan 2013 #19
The Magistrate Jan 2013 #20
friendly_iconoclast Jan 2013 #23
bubbayugga Jan 2013 #24
MineralMan Jan 2013 #6
Recursion Jan 2013 #8
Nuclear Unicorn Jan 2013 #21
2naSalit Jan 2013 #22

Response to 2naSalit (Original post)

Fri Jan 11, 2013, 03:26 PM

1. Life in the Northern Rockies

beautiful real estate, scary social climate.

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Response to 2naSalit (Original post)

Fri Jan 11, 2013, 03:27 PM

2. You can never be too early with your preemptive attack on the gun haters



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Response to liberal N proud (Reply #2)

Fri Jan 11, 2013, 03:44 PM

3. Idaho

pulled the same crap when the USWFS re-introduced the grey wolf to the ecosystem. Now that the Sens from MT and ID stuffed an illegal rider into a budget Bill a few years ago removing them from the ESA list, they are being killed for sport right after coming off the list. I guess it could be called "c'boy politics" this is yet another example of what happens when funds for education are always the first to go in state budget cuts. And these folks are actually proud of this ignorance. Killing is one of the great pass-times out here.

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Response to 2naSalit (Original post)

Fri Jan 11, 2013, 03:57 PM

4. In principle how is that act any different from CO & WA laws allowing recreational use of pot?

 

Aren't they both expressions of nullification developed by Jefferson and Madison to protest the Sedition Act that made it a federal crime to criticize the president and other elected officials?

The Sedition Act abolished a First Amendment right our Constitution requires government to protect, not destroy.

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Response to jody (Reply #4)

Fri Jan 11, 2013, 04:09 PM

5. Well...

when's the last time someone used pot to specifically kill a bunch of people? And how is it that pot becomes an equal consideration with assault weapons and federal attempts to make the populace safer by regulating these implements of death? Pot has no comparable effects nor is the use of it. Apples and oranges, I think intent of use of such items and intent of manufacture of such items would be the major consideration as to why these two things don't compare... aside from the fact that pot is an organic item with medicinal properties and assault rifles and mega-clips are man-made machines/tools specifically designed for mass killing, or maybe that would be the point?

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Response to 2naSalit (Reply #5)

Fri Jan 11, 2013, 04:37 PM

7. My post started with "In principle". If a state representing its citizens believes federal govt has

 

misused the power its sovereign citizens delegated to it and declare federal law, e.g Sedition Act, is unconstitutional, Jefferson & Madison declared in their KY & VA Resolutions that states had an obligation to nullify it.

I believe Jefferson used "nullification" in the first draft of the 1798 KY Resolution but it was replaced. I also believe "nullification" was use in the revised 1799 version.

I don't understand how anyone can accept CO & WA rejection (nullification) of the federal marijuana law against recreational use of marijuana but oppose other states rejecting federal laws that abuse the powers delegated by that state's citizens to federal government.

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Response to jody (Reply #7)

Fri Jan 11, 2013, 04:44 PM

9. Because, in principle

...no one ever cut down a busload of 6-year-old kids with a bag of weed.

Why do you PERSIST in ignoring the difference between two different things? Is it idiocy or dishonesty? Because it cannot be both, nor neither.

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Response to Robb (Reply #9)

Fri Jan 11, 2013, 04:49 PM

10. Please read Jefferson & Madison's KY & VA resolutions that among others opposed the Sedition Act

 

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Response to jody (Reply #10)

Fri Jan 11, 2013, 04:52 PM

11. Please explain the difference between abrasion rings and powder tattoos.

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Response to Robb (Reply #11)

Fri Jan 11, 2013, 04:57 PM

12. Have a blissful evening and goodbye. nt

 

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Response to jody (Reply #12)

Fri Jan 11, 2013, 05:02 PM

13. Bless your heart, too.

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Response to jody (Reply #4)

Fri Jan 11, 2013, 05:15 PM

14. When They Pass A law Saying State Troopers Should Arrest D.E.A. People, Sir, You Might have A Point

As it is, you do not, not even by a stretch that Mr. Fantastic would envy.

In these instances, the states simple declare that something no longer violates state law, and persons who do that something are no longer subject to arrest by officers charged with enforcing state law. They emphatically do not set aside or 'nullify' Federal law, and certainly do not presume to make Federal officials criminally liable for enforcing Federal law in the state's boundaries. State and local officials do not enforce Federal law; where something is criminal under both state and Federal law, a person arrested under state law by state officers may be turned over to the Federal authorities for disposition under Federal law, but that is not the same thing as state officers enforcing Federal law.

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Response to The Magistrate (Reply #14)

Fri Jan 11, 2013, 05:18 PM

15. Please read Jefferson & Madison's resolutions and quote what you disagree with. nt

 

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Response to jody (Reply #15)

Fri Jan 11, 2013, 05:26 PM

16. No Need Too, Sir

A state deciding not to make something illegal under state law has nothing whatever to do with nullification of Federal law.

A state declaring a Federal officer violates state law by enforcing Federal law is simply setting up its police officers for arrest and sentencing by Federal authorities, should they be so unwise as to act on their supposed 'state authority' over a Federal officer enforcing Federal law within the state.

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Response to The Magistrate (Reply #16)

Fri Jan 11, 2013, 05:30 PM

17. I apologize for asking you to do something for which you are incapable. Goodbye

 

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Response to jody (Reply #17)

Fri Jan 11, 2013, 05:34 PM

18. You A Funny, Funny Man, Sir, 'Pon My Soul You Are Indeed....

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Response to The Magistrate (Reply #18)

Fri Jan 11, 2013, 10:44 PM

19. It seems his soul has joined the choir invisible.

Not a moment too soon.

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Response to Robb (Reply #19)

Fri Jan 11, 2013, 10:58 PM

20. Damn, Sir: That is An Ex-Parrot....

Thank you for the heads-up; I expect there will rejoicing in Meta, and a a dwindling sound of gnashing teeth elsewhere....

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Response to The Magistrate (Reply #14)

Sat Jan 12, 2013, 01:59 AM

23. I must agree with you on this point- threatening to arrest Federal officials...

...is a far cry from declining to enforce Federal law.

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Response to jody (Reply #4)

Sat Jan 12, 2013, 02:45 AM

24. give me a break. Drugs never hurt anyone. unlike guns!

 

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Response to 2naSalit (Original post)

Fri Jan 11, 2013, 04:10 PM

6. Many bills are introduced in state legislatures.

Fewer are passed. This one will not be passed.

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Response to 2naSalit (Original post)

Fri Jan 11, 2013, 04:41 PM

8. No, but it's a sign of how much help local law enforcement is likely to be in some states

And if the CF that is the state-federal patchwork of semi-legalized marijuana nationwide is any indication, that's not something we want to replicate with guns.

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Response to 2naSalit (Original post)

Fri Jan 11, 2013, 10:58 PM

21. As silly as the Vermonters that wanted to arrest Bush. n/t

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Response to Nuclear Unicorn (Reply #21)

Sat Jan 12, 2013, 01:11 AM

22. Well, to be honest

I wanted to arrest Bush too even though I don't live in VT. But living out here in gun nut land I have had many opportunities to observe how the Wyoming legislature has shown that they have a bat-shit-crazy element bar none except Idaho which is right next door... they take turns receiving the honor. And Bush should be arrested, even to this day, and not of frivolous BS either, like this crap is. A shameless waste of taxpayer time and money.

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