Tag Archives: preemption


Posted 11 months ago in gun rights by Aaron Kase  
Mo. Lawmakers Fail in Effort to Nullify Federal Gun Laws

Missouri lawmakers yesterday failed to override the governor’s veto of a bill that would declare federal firearm laws null and void.  The measure would have included criminal penalties against federal employees that attempt to enforce federal laws and deem invalid any laws that “infringe on the people’s right to keep and bear arms.” Gun rights advocates rallied outside the state capitol building in Jefferson City as the lawmakers inside narrowly missed the vote total they needed. The veto override passed …

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Posted 12 months ago in Government gun rights by Larry Bodine  
Editor Sums Up Montana Gun Case in Politix Op-Ed

Lawyers.com Editor-in-Chief Larry Bodine authored the following article, published in Politix on Aug. 27, 2013. A federal court just struck down the Montana Firearms Freedom Act, which exempted local gun manufacturers from federal regulation and registration. This affects several other states that copied Montana’s law. The 9th U.S. Circuit Court of Appeals said that only the Feds can regulate the making of firearms and ammunition for sale. That’s because locally-made guns could get out of the state and substantially affect …

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Posted 12 months ago in gun rights by Aaron Kase  
Appeals Court Tosses Montana’s Firearms Freedom Act

A federal appeals court Friday upheld a ruling against a Montana law that purports to exempt guns that are manufactured and traded within the state from federal firearm regulations. The Montana Firearms Freedom Act said that guns that never leave state borders need not be regulated under federal law, for purposes such as background checks or requirements that dealers be federally licensed.  Montana enacted the law in 2009, and similar statutes have since been passed in nine other states. The …

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Posted 1 year ago in Criminal Law Immigration by Michele Bowman  
Federal Appeals Court Blocks Most of SC Immigration Law

Most of South Carolina’s legislative attempt to control illegal immigration will remain blocked, for now, after the 4th U.S. Circuit Court of Appeals on July 23 ruled that federal immigration laws exclusively govern the issue.   State Can’t Criminalize Harboring or Fake Papers South Carolina’s SB 20 made it a felony to transport or harbor illegal immigrants in order to avoid detection or help them get into the country. It also criminalized the failure of noncitizens to carry registration papers …

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Posted 2 years ago in gun rights by Michele Bowman  
New Jersey’s One-Gun-a-Month Law Upheld

A federal appeals court has turned away the NRA in its latest attempt to derail any law that limits gun ownership, with the 3rd U.S. Circuit Court of Appeals on Jan. 30 ruling that New Jersey’s “one-gun-a-month” law does not violate the Constitution.   NRA Pulls . . . the BB Gun The New Jersey law at issue limits handgun purchases to one per month per person, in an effort to stem stockpiling and black market activity. Under the state …

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