Missouri’s state legislature passed a measure that would make all new federal firearms regulations unenforceable in the state. The purpose behind passing the measure appears to be an attempt to protect the state from possible new federal regulations, including an assault weapons ban and expanded background checks.
Should the Democratic governor sign this into law, it would likely face legal challenges at the federal level. Attorney General Eric Holder has already issued a challenge to this type of law in Kansas, calling it unconstitutional. Kansas, however, says the law only applies to guns made in Kansas which do not leave the state, meaning it can’t be considered “interstate commerce” and therefore can’t be regulated by federal law.
would a progressive Gov. goagainst his party just to be elected again, if so then he's forever branded as a DINO and have a hard time getting support from progressives.
Should the Democratic governor sign this into law, it would likely face legal challenges at the federal level. Attorney General Eric Holder has already issued a challenge to this type of law in Kansas, calling it unconstitutional. Kansas, however, says the law only applies to guns made in Kansas which do not leave the state, meaning it can’t be considered “interstate commerce” and therefore can’t be regulated by federal law.
The term for what Missouri and Kansas are doing, and what other states are considering, is “nullification,” when a state passes a law that nullifies a federal law. This practice has been attempted and struck down before.In the 1950s, following the Brown v. Board of Education decision, the Supreme Court had to remind several states that the Constitution is the law of the land and gives the Court the power to be the final authority on what the Constitution means. Ergo, those states’ efforts to nullify federal desegregation efforts were… null and void.Despite the fact that the federal background checks failed in the U.S. Senate, Missouri still sees a clear threat to what is ultimately their interpretation of the Constitution. Back in January, when President Obama was first calling for more stringent regulations and doing what little he could through executive orders, Senator Kurt Schaefer (R-Columbia), said:“Everyone in this room, everyone in this building, in this state, in this country should watch with great anticipation and skepticism about what comes out of that process. Because potentially what we are looking at is the erosion of a fundamental right of every citizen of the United States through an unprecedented mechanism of executive order.” [
all about broad brush deregulation which is carte blanch to what eer your little heart desires.
