atomic41 wrote:bstrawse wrote:atomic41 wrote:Several states recently have changed their state constitutions to reject all federal gun control laws and more are working on it. This is absolutely the way to go and we should be working on that in MN.
Said laws have not, and will not, pass constitutional muster in the courts.
Are you talking about federal courts? I would appreciate your perspective on this since you are more politically educated/aware of these issues. Let's use Missouri as an example, what did they gain (if anything) in their state constitutional changes? Are we not considering this in MN? Are these measures viewed as purely symbolic and not worth the time?
Thanks!
The idea that a state could pass a law or amendment to the state constitution that would prohibit the federal government from involving themselves in an area is purely symbolic. The whole idea of federal nullification died with the civil war -- it's never been upheld by the courts (the federal courts) as valid.
I agree, in theory, that an item created entirely with in a state should not be subject to federal law in terms of the commerce clause - but the courts view this quite differently.
It hasn't been a legislative priority in Minnesota because it's unlikely to pass with the current makeup, has mostly symbolic value, and would require significant resource commitment that could be better spent on other priorities.
Now, a constitutional amendment, like Missouri's, that calls for strict scrutiny - strongly establishes a state level right to keep and bear arms... those are valuable. I am all for it -- and you'll see that as a legislative priority for the MN Gun Owners PAC in 2015 - and GOCRA as well.
Keep in mind that amending the MN constitution is difficult - we have to get the amendment through the legislature, then place on the ballot - and then engage in a year-long plus public fight to get that ballot passed for the amendment. We'll need to raise $1M - $2M to do this effectively. But it's something we need to do.
Sorry for the long-winded answer, hope this helps -
B
