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Thu Jan 31, 2013, 11:25 AM

Wyoming House Approves Unconstitutional Ban On Non-Existent Gun Laws

Source: Think Progress

Wyoming House Approves Unconstitutional Ban On Non-Existent Gun Laws
By Annie-Rose Strasser on Jan 31, 2013 at 11:15 am

On Thursday, members of the Wyoming state House gave initial approval to a bill that would nullify any gun laws passed by the U.S. Congress pertaining to extended magazine clips or semi-automatic weapons. The move is not only unconstitutional, but it is thus far unnecessary: Congress has yet to pass any new gun laws for Wyoming to attempt to nullify.

Under the Constitution, states are not permitted to pass laws meant to supersede federal legislation. But state Rep. Kendell Kroeker (R) argued that since Congress has not yet passed any gun laws, the nullification measure did not violate the Constitution. ďIt is clearly a different case than trying to nullify something thatís already in existence,Ē Kroeker said.

But his colleagues apparently tried to keep the representative in check, with one pointing out, ďIf we want to make a statement we can do it, but letís not letís not pretend that itís consistent with the Constitution, because itís not.Ē

The bill was also amended to make it a misdemeanor charge for a federal employee to attempt to enforce federal gun laws in Wyoming. Thatís actually an improvement from the original bill, which called for felony charges. It will now go to the Wyoming Senate where, with a 23-7 Republican majority, it will likely enjoy broad support.

Read more: http://thinkprogress.org/justice/2013/01/31/1521151/wyoming-nullification-gun/

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Response to kpete (Original post)

Thu Jan 31, 2013, 11:29 AM

1. This is eerily similar to the buildup to the Civil War.

 

Last time it took 30 years from the first Nullification Crisis for open warfare to break out. This time I don't think the right wingers are willing to wait that long.

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Response to kpete (Original post)

Thu Jan 31, 2013, 11:30 AM

2. Let's cut off all federal funding to Wyoming!

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Response to kpete (Original post)

Thu Jan 31, 2013, 11:32 AM

3. ah, so it's not unconstitutional because it's an empty idea with zero impact

hey, why not propose a bill that enables the summary torture and execution of all eight-legged humans?

none exist at present, so it's not unconstitutional!


vote for my bill! it's not unconstitutional because it's completely silly!

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Response to kpete (Original post)

Thu Jan 31, 2013, 11:37 AM

4. Actually... he probably has a good point.

It wouldn't become unconstitutional until a federal law on the topic is created.

It would be interesting to see how each side views this law compared to various state pot legalization attempts.

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Response to kpete (Original post)

Thu Jan 31, 2013, 11:40 AM

5. It is so nice that all these states have time to squander

on imaginary items rather than do any actual work.

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Response to Smilo (Reply #5)

Thu Jan 31, 2013, 04:12 PM

11. It's just like Republicans claim: government doesn't work!

They prove it every day by sitting on their fat asses passing make-believe legislation.

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Response to kpete (Original post)

Thu Jan 31, 2013, 12:54 PM

6. It's called being proactive vs reactive.

 

You pass pollution laws before some butt wipe dumps waste into the lake.

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Response to kpete (Original post)

Thu Jan 31, 2013, 01:02 PM

7. If secession

is the next logical step, let's build a wall around Wyoming. It will put people to work and keep normal people safe from Wyoming gunslingers.

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Response to kpete (Original post)

Thu Jan 31, 2013, 02:35 PM

8. SO WHAT IS NEW ABOUT STATE LAWS??

 

many states write laws which are BETTER than federal laws like the POT laws in some progressive states. California has always had STRONGER air pollution laws.

I civil war happens I see more than just the south going to war. I see the west & east coast versus the OTHERS. The bad thing is that those NUTS would want to attack others just so they could shot somebody.

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Response to kpete (Original post)

Thu Jan 31, 2013, 04:00 PM

9. I would hope they banned Sharia Law at the same time. It is just as much of a problem as

nonexistent gun laws.

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Response to kpete (Original post)

Thu Jan 31, 2013, 04:09 PM

10. Even when the laws are eventually passed, this law is unconstitutional.

The State of Wyoming is preempting the federal government's power to regulate firearms. Wyoming is not seeking to work with the federal government to regulate use of firearms; they are seeking to nullify any such laws. That is a relatively simple case of violation of the Supremacy Clause, and I'm surprised such a clearly unconstitutional bill would ever reach the floor. If it ever is passed, it will receive an immediate facial challenge and be struck down. What a waste of time.

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Response to kpete (Original post)

Thu Jan 31, 2013, 04:52 PM

12. Wyoming might get to learn why nullification is illegal soon.

Personally, I look forward to federal troops "explaining" to their governor and legislature why they can't just decide not to follow federal law.

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