New way for NY to Disarm Its Citizens (background checks)
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Shadow rider
6.5 Creedmoor
you have 4 Primary sources of legal authority:
It’s well established that American Jurisprudence has four (4) primary sources of legal authority: 1) Constitutional Law: The supreme law of the land, all law falls under the constitution; 2) Statutory Law: Law made by Legislature which cannot contradict the constitution; 3) Administrative Law: Government agency rules or regulations, which cannot contradict the constitution or Legislature’s statutes, a.k.a ordinances” and resolutions”; and 4) Common Law a.k.a. Case Law: which reflects both constitutional and statutory law.
The Supremacy Clause of the United States Constitution prohibits states from enacting laws that are contrary to the laws of our federal government: "This Constitution and the Laws of the United States ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." U.S. Const. art. VI, cl. 2. It is through this clause that the United States Congress may preempt state law. Office of Disciplinary Counsel v. Marcone, 579 Pa. 1, 855 A. 2d 654, 664 (2004)
It’s well established that American Jurisprudence has four (4) primary sources of legal authority: 1) Constitutional Law: The supreme law of the land, all law falls under the constitution; 2) Statutory Law: Law made by Legislature which cannot contradict the constitution; 3) Administrative Law: Government agency rules or regulations, which cannot contradict the constitution or Legislature’s statutes, a.k.a ordinances” and resolutions”; and 4) Common Law a.k.a. Case Law: which reflects both constitutional and statutory law.
The Supremacy Clause of the United States Constitution prohibits states from enacting laws that are contrary to the laws of our federal government: "This Constitution and the Laws of the United States ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." U.S. Const. art. VI, cl. 2. It is through this clause that the United States Congress may preempt state law. Office of Disciplinary Counsel v. Marcone, 579 Pa. 1, 855 A. 2d 654, 664 (2004)
Truebeliever
6.5 Creedmoor
Guys, it’s going to take a few years and it’s going to suck , but the lawsuits will win most of it
RedBreast21
6.5 Creedmoor
It's very clear that 2A, and any constitutional cases will all go to SCOTUS. Once that court flips, game over. Remember, many of us support losing a right once convicted of a felony. Little did anyone realize that your political views will get you charged and convict of a felony. That is currently the accepted legal way of disarmament. They're not stupid. Last years law is designed to make you a felon.
Beerman
6.5 Creedmoor
He got a lot of things wrong, and several things incorrect, but the overall point is valid.
Cavalry
.338 Win Mag
Legitimate question. If FOPA expressly prohibits registries then why has NY not been challenged in the last 36 years with the pistol registry, COBIS, AW registry, Semi auto registry and now registry off all guns and ammunition?
These are all "Sub-Laws" to undermind the Constitution as I've shown here.
you have 4 Primary sources of legal authority:
It’s well established that American Jurisprudence has four (4) primary sources of legal authority: 1) Constitutional Law: The supreme law of the land, all law falls under the constitution; 2) Statutory Law: Law made by Legislature which cannot contradict the constitution; 3) Administrative Law: Government agency rules or regulations, which cannot contradict the constitution or Legislature’s statutes, a.k.a ordinances” and resolutions”; and 4) Common Law a.k.a. Case Law: which reflects both constitutional and statutory law.
The Supremacy Clause of the United States Constitution prohibits states from enacting laws that are contrary to the laws of our federal government: "This Constitution and the Laws of the United States ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." U.S. Const. art. VI, cl. 2. It is through this clause that the United States Congress may preempt state law. Office of Disciplinary Counsel v. Marcone, 579 Pa. 1, 855 A. 2d 654, 664 (2004)
you have 4 Primary sources of legal authority:
It’s well established that American Jurisprudence has four (4) primary sources of legal authority: 1) Constitutional Law: The supreme law of the land, all law falls under the constitution; 2) Statutory Law: Law made by Legislature which cannot contradict the constitution; 3) Administrative Law: Government agency rules or regulations, which cannot contradict the constitution or Legislature’s statutes, a.k.a ordinances” and resolutions”; and 4) Common Law a.k.a. Case Law: which reflects both constitutional and statutory law.
The Supremacy Clause of the United States Constitution prohibits states from enacting laws that are contrary to the laws of our federal government: "This Constitution and the Laws of the United States ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." U.S. Const. art. VI, cl. 2. It is through this clause that the United States Congress may preempt state law. Office of Disciplinary Counsel v. Marcone, 579 Pa. 1, 855 A. 2d 654, 664 (2004)
spat
.950 JDJ
It only prohibits the federal government from establishing a registry.
We need another law (at least) to prohibit the states.
And the feds have the loophole of "bound books".
Someone should argue that they are a giant "database in the cloud" registry, since the feds can search them at will.
Acer-m14
20×102mm Vulcan
NYS Open Legislation |
SECTION 4
Right to keep and bear arms
Civil Rights (CVR) CHAPTER 6, ARTICLE 2
§ 4. Right to keep and bear arms. A well regulated militia being
necessary to the security of a free state, the right of the people to
keep and bear arms cannot be infringed.
looks like NY can't have a registry too
i see no sign up clause in that or ammo bg checks and semi auto rifle or pistol licenses in that ..
NYSRPA hello