Preemption laws

Preemption laws

This is a discussion on Preemption laws within the Off Topic & Humor Discussion forums, part of the The Back Porch category; I read many posts about this where people say we need a Federal gun license to effectively preempt State laws that deny the right to ...

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Thread: Preemption laws

  1. #1
    VIP Member Array mlr1m's Avatar
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    Preemption laws

    I read many posts about this where people say we need a Federal gun license to effectively preempt State laws that deny the right to carry to their citizens. I just finished reading a thread on open carry in Kansas where it is left to the cities to decide if open carry is legal within their jurisdiction.
    While I agree the preemption laws do make it easier to know what the law is it does have its drawbacks.

    In Kansas, much like my State of Okla, There is just a couple of cities that control the vote. The rest of the state is consisted of small rural towns. It is much easier to get the needed support from someone on gun issues if they can exempt themselves from it. The voters in a large city may be fine with guns in rural areas but do not want them in their city.

    Michael


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    Unless things have changed drastically since I left Oklahoma in 98, there was a huge difference in the mindset of people in Tulsa and OKC. OKC usually fell in with the conservative mindset of most rural areas, while the Tulsa area seemed to be much more liberally minded.
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    Member Array socal2310's Avatar
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    Quote Originally Posted by mlr1m View Post
    I read many posts about this where people say we need a Federal gun license to effectively preempt State laws that deny the right to carry to their citizens. I just finished reading a thread on open carry in Kansas where it is left to the cities to decide if open carry is legal within their jurisdiction.
    While I agree the preemption laws do make it easier to know what the law is it does have its drawbacks.

    In Kansas, much like my State of Okla, There is just a couple of cities that control the vote. The rest of the state is consisted of small rural towns. It is much easier to get the needed support from someone on gun issues if they can exempt themselves from it. The voters in a large city may be fine with guns in rural areas but do not want them in their city.

    Michael
    Federal legislative preemption is ultimately likely to restrict rather than enhance personal freedom in regard to firearms in all but the most restrictive states. Look at the NFA, GCA and the Hughes Amendment to FOPA. Judicial preemption is another animal entirely and I am all for Chicago vs. MacDonald style cases voiding or preempting state firearm laws. In fact, I would love to see full incorporation of the entire Bill of Rights. Imagine requiring the right to a jury trial for civil infractions via incorporation of the 7th amendment :-). Unfortunately, we only have one Justice who might entertain such a notion: Clarence Thomas.

    Ryan
    Those who will not govern their own behavior are slaves waiting for a master; one will surely find them.

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    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by archer51 View Post
    Unless things have changed drastically since I left Oklahoma in 98, there was a huge difference in the mindset of people in Tulsa and OKC. OKC usually fell in with the conservative mindset of most rural areas, while the Tulsa area seemed to be much more liberally minded.
    There have been a number of votes in Okla where Oklahoma City and Tulsa forced their wishes onto the rest of the state. If true democracy is ever imposed this would happen nation wide. You would have two or three States being able to dictate their will on the rest of the States because of vote count alone.

    I know the hassle of different laws. In the late 60's here in Okla each town had their own motorcycle helmet laws. It was a huge hassle. But I thought it needed to be pointed out that preemption is a double edged sword. One or two large cities or voting blocks could impose their will on the rest of the state. The City of Tulsa alone has more votes than the whole of western Okla in which I live.

    Michael

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    Member Array Varmiter's Avatar
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    People here, and in the rest of the country need to realize ONE THING.

    ALL.....I’ll repeat that......ALL Federal firearms laws are UNCONSTITUTIONAL.

    Article 1 Section 8, Clauses 1 thru 16, and several amendments SPECIFICALLY (including the Second) stipulates the powers of the Federal government.

    Firearms, in no way, shape or form are even hinted at, let alone stipulated, except in the Second Amendment, which is a further prohabition, both to the Federal governament, but to the states as well.

    Therefore, as above. Federal firearms laws are Unconstitutional.

    Chris

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    Senior Member Array Phillep Harding's Avatar
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    Good lord, what a change from when I lived in Oklahoma (50's).

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