Constitution Check: Can states exempt themselves from federal gun laws?


Its a good question but the Tenth Amendment is clear so there is a case to be made. I’m not an attorney so I don’t know if this has ever been taken to the supreme court so it will be an interesting battle.

deacon303's avatarWhiskey Tango Foxtrot

I’m actually really interested in your thoughts on this one, so please, sound off in the comments.

Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at the controversy over the effort in Kansas to restrict federal gun laws its legislature believes violate the Second Amendment right to have and carry guns.

THE STATEMENTS AT ISSUE:

“It is unlawful for any official, agent or employee of the government of the United States…to enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas.”

– Excerpt from a Kansas law, known as S.B 102 and formally titled the “Second Amendment Protection Act,” enacted in that state last year, and now facing a…

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