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This is one of those just-for-show bills. It's sad some people cannot see through it.
If some gun law is unconstitutional, you don't need another law saying that that gun law is unconstitutional. It is up to the courts (including, possibly, up to the Supreme Court) to determine whether that original gun law was unconstitutional. A law cannot declare some other law to be unconstitutional - that determination is up to the courts.
This is one of those just-for-show bills. It's sad some people cannot see through it.
If some gun law is unconstitutional, you don't need another law saying that that gun law is unconstitutional. It is up to the courts (including, possibly, up to the Supreme Court) to determine whether that original gun law was unconstitutional. A law cannot declare some other law to be unconstitutional - that determination is up to the courts.
That is categorically false. In New York City it is not permitted under any circumstance for a resident to carry (concealed or in open) a firearm in public. This is clearly a constitutional violation, the police that arrest people for gun possession are violating the second amendment but they courts have never taken up a full case against it. Every time a case rises to get close to review, the city tweaks the law to make a narrow exception in a arrow circumstance (allowed in your apartment after a huge fee and months long dozens of pages thick application)
Can anyone name a "gun control" law that is NOT unconstitutional?
For example, if a city or state says you must have a permit to carry concealed, and if you don't have that permit they'll forbid you to carry concealed, that law is unconstitutional.
Another example: if a city or state (or the Feds) say you must fill out some form to buy a gun, and if you refuse to fill out that form they will prohibit you from buying that gun, ditto. That law is unconstitutional.
This is one of those just-for-show bills. It's sad some people cannot see through it.
If some gun law is unconstitutional, you don't need another law saying that that gun law is unconstitutional. It is up to the courts (including, possibly, up to the Supreme Court) to determine whether that original gun law was unconstitutional. A law cannot declare some other law to be unconstitutional - that determination is up to the courts.
........and it would have to make it to the AC in order for that to happen.
It needs a case to do that.
Remember the two homosexual men in Texas that called they Police when they were in bed together to create a case to contest Sodomy Laws?
That is categorically false. In New York City it is not permitted under any circumstance for a resident to carry (concealed or in open) a firearm in public. This is clearly a constitutional violation...
Even if your judgement about that particular law turned out to be correct, in the meantime it is not the role of some other jurisdiction to actually determine its legality. That is for the courts. If that law is indeed unconstitutional, eventually the courts will decide so. But what if you are wrong, and the courts decide it is indeed constitutional? You can never be certain what the courts will decide, and declaring beforehand what you think they should decide can be nothing more putting on a show for the constituency that will agree with you.
Even if your judgement about that particular law turned out to be correct, in the meantime it is not the role of some other jurisdiction to actually determine its legality. That is for the courts. If that law is indeed unconstitutional, eventually the courts will decide so. But what if you are wrong, and the courts decide it is indeed constitutional? You can never be certain what the courts will decide, and declaring beforehand what you think they should decide can be nothing more putting on a show for the constituency that will agree with you.
It will be the furthest thing from "a show" if they go through with this and it rises through the courts. This has been the main complaint of Republicans in recent years that they are all talk and never get anything done of substance. Trump shook them up and out of their daze and this will be his greatest legacy, voters no longer can accept do-nothing GOP and will only elect politicians who follow through because the left has just been bulldozing over and destroying society while RINOs did nothing
I read an article awhile back where a sheriff in a county of Texas said that he would deputize everyone in the county (thus permitting them to carry guns) if draconian gun laws get passed under Biden. I assume there are some county sheriffs in my state that would likely do the same. It's simply a matter of moving to one of those counties.
An added benefit is that all liberals would move out of the county because of their raging hoplophobia, I would assume. At least we could hope.
There are over 20,000 gun laws in this country. Seems shall not be infringed hasn't been followed. Imagine if the Government required you to have a license to speak, or denied it outright depending on the municipal location.
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