Results 1 to 7 of 7

Thread: Firearm Laws

  1. #1
    Regular Member
    Join Date
    Mar 2010
    Location
    Somerset
    Posts
    81

    Firearm Laws

    Anyway we can get something like this introduced this session or does anyone know of anything like this already introduced in Kentucky?

    http://forum.opencarry.org/forums/sh...deral-gun-laws

  2. #2
    Regular Member self preservation's Avatar
    Join Date
    Apr 2012
    Location
    Owingsville,KY
    Posts
    1,039
    Quote Originally Posted by Sundiver View Post
    Anyway we can get something like this introduced this session or does anyone know of anything like this already introduced in Kentucky?

    http://forum.opencarry.org/forums/sh...deral-gun-laws
    It sounds great but I'm not so sure that it would work. State law doesn't trump federal law...does it?
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  3. #3
    Regular Member
    Join Date
    Mar 2010
    Location
    Somerset
    Posts
    81
    Quote Originally Posted by self preservation View Post
    It sounds great but I'm not so sure that it would work. State law doesn't trump federal law...does it?
    It comes down to who you speak with on any given day and how the Supreme Court is loaded in any given year. State's Rights has been a hot topic of debate since the formation of the United States. Take for example, legal drinking age. The Feds compelled the States to adopt a universal legal drinking age of 21 by threatening to withhold Federal highway funds unless they complied. Same thing with back when we had a speed limit of 55 MPH, so there are certain actions that the Feds recognize as States Rights, they have been able in the past to "persuade" most states to go along.

    Edit: Here's a decent link to the Tenth Amendment which is essentially everything that restricts Federal powers.
    http://en.wikipedia.org/wiki/Tenth_A...s_Constitution
    Last edited by Sundiver; 01-17-2013 at 12:30 PM. Reason: Additional information

  4. #4
    Activist Member
    Join Date
    Dec 2010
    Location
    Ashland, KY
    Posts
    1,847
    Quote Originally Posted by self preservation View Post
    It sounds great but I'm not so sure that it would work. State law doesn't trump federal law...does it?
    Congress cannot pass a law that violates a state law or a state constitution (Article Six, Section Two). Of course we all know they do this all the time, and the Constitution doesn't stop them.

    The Federal Government can only enact limited legislation, and any restriction on firearms is not permitted by the US Constitution. Sadly the US Supreme Court has trampled our Constitution into a meaningless piece of parchment.

    In such a situation, state law would trump federal law. The states and the people are the supreme power in the United States, not the Federal Government which so many people believe.

    The states can enact legislation that prohibits the enforcement of an illegal or unconstitutional federal law in that state, and they have every right to do so. The states can do much more than the Federal Government.

    Read over Article One and Article Two of the US Constitution to see what powers the Federal Government and Congress truly have, and you will be amazed at how unconstitutional our current Federal Government is.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

  5. #5
    Regular Member
    Join Date
    Feb 2009
    Location
    Olive Hill, Kentucky, USA
    Posts
    186
    Quote Originally Posted by KYGlockster View Post
    Congress cannot pass a law that violates a state law or a state constitution (Article Six, Section Two). Of course we all know they do this all the time, and the Constitution doesn't stop them.

    The Federal Government can only enact limited legislation, and any restriction on firearms is not permitted by the US Constitution. Sadly the US Supreme Court has trampled our Constitution into a meaningless piece of parchment.

    In such a situation, state law would trump federal law. The states and the people are the supreme power in the United States, not the Federal Government which so many people believe.

    The states can enact legislation that prohibits the enforcement of an illegal or unconstitutional federal law in that state, and they have every right to do so. The states can do much more than the Federal Government.

    Read over Article One and Article Two of the US Constitution to see what powers the Federal Government and Congress truly have, and you will be amazed at how unconstitutional our current Federal Government is.
    While your analysis may well be correct, in reality these state laws are little more than feel good measures. The federal government, once it chooses a course of action, will complete that using whatever force is necessary. Presidents have sent federal troops into states to integrate schools and the local authorities wilted away in the face of the 101Airborne.

    The federal government has already demonstrated to everyone that they have no hesitation in killing unarmed citizens. I refer you to Ruby Ridge and Waco as examples.

    Don't count on state and local authorities to form a skirmish line and face the federal forces on the other side of the road when push comes to shove.
    Last edited by MrOverlay; 01-18-2013 at 08:57 AM.

  6. #6
    Activist Member
    Join Date
    Dec 2010
    Location
    Ashland, KY
    Posts
    1,847
    Quote Originally Posted by MrOverlay View Post
    While your analysis may well be correct, in reality these state laws are little more than feel good measures. The federal government, once it chooses a course of action, will complete that using whatever force is necessary. Presidents have sent federal troops into states to integrate schools and the local authorities wilted away in the face of the 101Airborne.

    The federal government has already demonstrated to everyone that they have no hesitation on killing unarmed citizens. I refer you to Ruby Ridge and Waco as examples.

    Don't count on state and local authorities to form a skirmish line and face the federal forces on the other side of the road when push comes to shove.
    You are absolutely right, and it is rather sad. The mere fact that the citizens of this country have allowed the Federal Government to attain the level of absurdity that it has is a real shame.

    One can only hope that the people and governments of the states can finally come to their senses and realize what is best for OUR country and its people. I still have a small sliver of faith in the citizens of this once great nation, and I hope the few can overwhelm the many.
    Last edited by KYGlockster; 01-17-2013 at 11:05 PM.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

  7. #7
    Regular Member
    Join Date
    Feb 2009
    Location
    Olive Hill, Kentucky, USA
    Posts
    186
    Quote Originally Posted by KYGlockster View Post
    You are absolutely right, and it is rather sad. The mere fact that the citizens of this country have allowed the Federal Government to attain the level of absurdity that it has is a real shame.

    One can only hope that the people and governments of the states can finally come to their senses and realize what is best for OUR country and its people. I still have a small sliver of faith in the citizens of this once great nation, and I hope the few can overwhelm the many.
    Well said my friend, well said. I do fear though that that sliver will be harder to maintain as years progress.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •