What the OP stated was it he hoped that a law would pass negating the requirement for private sale background checks. That can't be done as you can't have a local law that superceedes federal law. What we are bills being introduced to make it illegal to enforce federal gun laws. So, with that type of law it would still be a legal requirement to do a background check, but would be illegal for somoene to try and enforce the law in the state.O.F.Fascist wrote:Wouldn't such laws make it so that the feds would get no state or local support enforcing federal gun laws though. Sure violating federal gun law would still be illegal but if the feds want to prosecute them they would have to do all the heavy lifting themselves instead of the locals. Just like in states where marijuana is legal. Force the feds to waste their resources to enforce their stupid laws while the locals will focus on real crimes.Keith B wrote:A state may not enact a law that negates feceral law. Federal law always trumps state unless the state law enhances the federal law (aka makes it more strengent). This is why you have seen the bills looking to make enforcement of federal gun laws illegal in states. The law would still be valid, just not allowed to be enforced.Jeff B. wrote: It's my hope that Governor Perry and the Legislature put some sort of State Law in place negating any Federal requirement for private sale background checks.
Jeff B.
So, in this case if they do pass mandatory private sale background checks you would still be in violation of the law if you sold FTF wihtout one.
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Return to “John Cornyn gets a primary challenger”
- Tue Feb 26, 2013 9:03 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: John Cornyn gets a primary challenger
- Replies: 30
- Views: 3126
Re: John Cornyn gets a primary challenger
- Mon Feb 25, 2013 10:06 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: John Cornyn gets a primary challenger
- Replies: 30
- Views: 3126
Re: John Cornyn gets a primary challenger
A state may not enact a law that negates feceral law. Federal law always trumps state unless the state law enhances the federal law (aka makes it more strengent). This is why you have seen the bills looking to make enforcement of federal gun laws illegal in states. The law would still be valid, just not allowed to be enforced.Jeff B. wrote: It's my hope that Governor Perry and the Legislature put some sort of State Law in place negating any Federal requirement for private sale background checks.
Jeff B.
So, in this case if they do pass mandatory private sale background checks you would still be in violation of the law if you sold FTF wihtout one.