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The
Below Comments Relate to this Newslink:
WA: Crossing the Line – Firearm Preemption Protection Under Attack
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Gun control groups are fond of describing preemption as a doctrine whereby a state has stripped local governments of their power to regulate guns. In fact, under established legal principles, localities are subordinate “creatures of state law,” with no inherent rights or powers other than what a state decides to delegate to them through statutes or charters. Although some local governments may be delegated an authority to regulate public safety and welfare (“police power”) as broad as that exercised by the granting state itself, this power retains its essential character as delegated authority and is limited both by the corporate boundaries of the locality and any restrictions on its exercise that may be imposed by the state. |
| Comment by:
xqqme
(1/20/2018)
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| How to eliminate guns in one easy step: create an impossible to comply mosaic of contradictory and confusing criminal statutes that, once a person violates any one, makes them into a "prohibited person". On a national level (New Jersey being one example) this kind of selective criminalization of a Constitutionally enumerated Right seems to be working for the gun-control crowd, as even with a full "pardon" the conviction stands. Only SCOTUS or Congress can now fix this issue, but neither seems so inclined. Did the House pass reciprocity as political theater, knowing that the Senate would not? One part of me worries that it is so. |
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| As nightfall does not come all at once, neither does oppression. In both instances, there is a twilight. And it is in such twilight that we all must be aware of change in the air, however slight, lest we become unwitting victims of the darkness. — Justice William O. Douglas, US Supreme Court (1939-75) |
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