No matter how much sensible people like you and I would like and no matter how much anti-gunners would like to call the matter “settled,” the battle for gun control in America (and, therefore, for gun rights) doesn’t look like it’s going away anytime soon.
Fortunately, though, there may be a way to finally get the issued settled, and by “settled” I mean “constitutional carry for all Americans.” But the solution may not be what you are expecting.
You see, most people on both sides of the gun control issue are trying to get the Federal government to take sweeping action and implement a policy across the entire U.S. But, maybe, the answer is no to focus on fighting for that ruling on the Federal level and, instead, to focus on the enforcement side of things on the state and local level.
And, surprisingly, this solution unintentionally came from an anti-gun activist. Mike Maharrey writes,
Colleen Coble, CEO of the Missouri Coalition Against Domestic and Sexual Violence, noted that there is already a federal law on the books that prohibits people who have been convicted of domestic violence who have had a protective order issued against them from possessing a firearm.
So, if there is a federal law on the books, why are gun lobbyists pushing for a state law in Missouri?
Because the feds can’t enforce their law alone. As the News Tribune reported:
Moms Demand Action wants legislators to know it is inefficient to have a federal law with no way for the local police officer, or prosecutor or judge to enforce the law, Coble said.
“I don’t know about you, but in my neighborhood, I don’t routinely see an (Alcohol, Tobacco, Firearms and Explosives) officer,” she said. “And that’s where we are. That’s what the process is now. You would have to find a federal ATF officer to make your report to — that you’re a victim of domestic violence and the person who hurt you still has a firearm.”
Moms Demand Action figured out a very important truth. Don’t miss it because it’s huge.
The feds need state and local personnel and resources to enforce their gun laws. They can’t do it alone. The federal government already has laws on the books that do exactly what Moms Demand Action want done. But it doesn’t matter, practically speaking. There exists no way to enforce it unless the state empowers its police to do the job.
This is exactly why James Madison said “a refusal to cooperate with officers of the Union,” would “present obstructions which the federal government would hardly be willing to encounter.”
In other words, states can stop federal gun control dead in its tracks by simply withdrawing enforcement support. Two bills introduced in the Missouri legislature would do just that.
Even the Supreme Court even supports this strategy. Refusal to participate in federal enforcement rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The doctrine is based primarily on five Supreme Court cases dating back to 1842. Printz v. U.S. serves as the cornerstone.
“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty”
In short, states and localities have a great deal of power. When they refuse to participate in the enforcement of federal programs, they can bring them to an end without relying on the federal government to limit itself.
So, to be clear, I think that there can be value in fighting on the Federal level to keep our gun rights (if we don’t have to have our state refuse to enforce anti-gun laws, then it’s simpler for everyone), but we should fight hard to have our individual states refuse to enforce gun control measures. By doing this, we effectively nullify Federal gun control where we live.
That didn’t work so well in Kansas for the vet that purchased a suppressor without an NFA stamp.
Well , we here in Arkansas haven’t lost our minds yet! We have congress people who still believe in our 2 ond. Amendment and will fight for our rights. Also our State joined the Convention of States that will work to uphold our rights.
Really?? You need to check out what they are actually trying to do at YOUR state level. As for that convention of states BS you need to find out the TRUE reasoning behind that also. It is because they didn’t like the way things turned out in the 2016 elections because Hilldebeast lost Billie Bob’s home state and her coronation.
if you understood COS you would change your mind. It is not BS as you asume.
the bad part is when vindictive exwifes pull this bullshit order to keep you from taking your daughter for vacation because its a lie they get away with
I live in NY, the last thing they would do is stop any Federal gun control law. NY has never found a anti-gun law , that they didn’t like.
Don’t believe this will work in most of the blue States.
EXAMPLE: About three or four years ago England gave up their fire arms due to Government order, a couple years ago they sent the United States people a message for us never to give up our firearms.Just look whats going on in their country now.
I think you hit on the entire problem , THE LAWS ARE THERE BUT ARE THEY ENFORCED ??? NO ……….
Are the penalties as harsh as they should be ??? NO …
More laws that say the same thing only worded different aren’t going to do a thing …
The word FELON has to broad a meaning an auto thief that steals you car at night with no one around is different from a carjacker , Violent Behavior Felon should be used …
Here in Illinois, we are doomed if it is left to the state. At the federal level, we have Durbin, Duckworth, and various other Democratic / socialist / progressive / communists representing many braindead union followers and of course all of the Republicans that have since died and have changed their voting habits. At the state level, we have (Dems): Pritzker, Madigan, and again many socialist / progressive / communists at the state level representing the same voters described above. Did I forget to mention we are also a “SANCTUARY” state which allows Illegal Aliens to vote for their benefactors. One last point, we were the home state for not only Obama, but also for Hillary. Need I say more.
I don’t mean too be a downer too William, Arkansas was one of several st I’m looking at to move, but your governor just agreed too change your state flag, because of political correctness. What a shame nice looking flag besides.
But if its a federal law and someone is seen with a hand gun and charged then he /she will lose all rights of owing a weapon. Maryland is a liberal democrat run state that has strict gun laws, only the crooks carry. we need to have the second adm. for all american that can pass a background check
The Second Amendment:”THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED” End of discussion!
Red or Blue I don’t believe very many states will do the Feds bidding; the reason being resources. In NY they have passed a few laws that have never been enforced because of lack of funding. And the majority of county sheriffs refuse to enforce the laws for them. Now there’s talk of bringing back the COBIS program which the state quietly ended because they spend tens of millions on it and only prosecuted a handful of people over a dozen years – none successfully. With an almost $3 billion deficit this year don’t think they are going to try that again.
Who this guy Barr that’s part of Trump’s group. Is it true that he’s anti-Second Amendment?
From a retired SCPO – it IS TRUE!
Ah, Yes. Just make sure U are not in Commiefornica, or any other place run by Commiecrats.
Yes, there IS an ATF officer in my neighborhood, and he DID make a house call to me when i received a part that looked too much like a 60% (note: NOT 80%!) completed receiver to his liking. And that was in the 1970’s BEFORE socialism became so blatantly rampant in the USA! It happens.
The legal precedent is that HITLER installed “Blockwarts (i.e., a hidden stool pigeon on every block)” to finger victims for his red-flag laws. And Hitler’s first NATIONAL red-flag law was passed on Feb. 28, 1933, the day after the Reichstag fire (And i strongly suspect that Goering was behind the Reichstag fire!). And many VICTIMS were sent to concentration camps for SUSPICION of “anti-state activities”! And who told the Nazis who the victims were?: the Blockwarts; and U did not know who they were! Oh yes. And Goering’s Gestapo (Himmler did not take over the Gestapo until after 6/30/1934) was also already on every block. And how could the ruling Nazis afford the national Gestapo on every block? Easy, they raised taxes and printed up more FAKE money!
SO, if your state does not enforce unconstitutional federal laws, then COUNT YOUR BLESSINGS WHILE U STILL HAVE THEM! Once the Commiecrats take over the country again, they will CERTAINLY FOLLOW HITLER’S EXAMPLE! HITLER showed them the way! And HITLER has also showed us what to expect from the Commiecrats! Like it or not.
As an example of where we might be going, Chicago has some of this nation’s gun laws.
So they don’t have gun crime, right?
Sounds to me to be quite similar to the premise behind the sanctuary city argument. Being the pinheads will continue on because the feds can not stop it. Am I wrong?
How come the left gets to pick and choose which laws they will break and which they ignore. We need to drain the swamp, kill all the snakes, and dredge a channel so it can never refill.
Yes! “Maintain the drain”- thank you President Trump!
The fed cannot force states, but they can withhold federal highway funds. That is how the fed achieves compliance. It works every time.
PLEASE CHANGE THE NAME “Gun Control”to “LAW ABIDING CITIZENS CONTROL. THEY KNOW THE CAN’t control CRIMINALS THANKS TO TYING THE HANDS AF LAW ENFORCEMENT. THEY KNOW WHERE JONNY GANG BANGER AND HIS MEMBERS LIVE.
Lord, save me and protect me…I live in California! Hopefully for not very long
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