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National Preemption

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,461
Location
Florida
There is no penalty for States passing laws that violate the 2A. States have passed hundreds of laws that violate the 2A. The best we can hope for is that courts strike them down. Even when they do (They don’t always), our Rights have been infringed until the law is struck down.

Some form of National Preemption can put teeth in the 2A. I am sorry that you don’t see the need for those teeth. I do.

Sure, let's make a law to enforce a law that already exists. Makes sense.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
No, let’s make a law that stops laws that infringe. That punishes those who would pass them. The 2A has no consequence for violating it. Let’s put some punitive teeth in the protection of our Right.

How do you al feel about your State preemption laws? Do you dislike them so intensely? Personally, I like the idea of being able to punish cities that try to legislate away my Right. I’d kinda like to punish the States too.

Oh, wait, that would require a federal law.
____

On edit: This is kinda the whole point: Prohibit the States from infringing—and punish them if they do. For anyone to criticize* my repeating the main idea when others keep misstating it (as requiring the States to enforce a federal law) is kinda trollish. But, trolls do troll.

*see below
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
No, let’s make a law that stops laws that infringe. That punishes those who would pass them. The 2A has no consequence for violating it. Let’s put some punitive teeth in the protection of our Right.

How do you al feel about your State preemption laws? Do you dislike them so intensely? Personally, I like the idea of being able to punish cities that try to legislate away my Right. I’d kinda like to punish the States too.

Oh, wait, that would require a federal law.

eye95, you have not stated anything of substance this entire thread except you wanta law to punish states, cities, those who believe in the flat earth concept, etc..

The oxen your beating died a long time ago!
 

bbMurphy

Regular Member
Joined
Mar 1, 2013
Messages
82
Location
Hardy, VA
Let's not forget how powerful the withholding of federal funds can be. Why did all of the states lower their max speed limit to 55 mph back in the 70's? Because the fed said that if they didn't lower it to 55, then federal highway funds would be withheld. The National Maximum Speed Law of '74 was passed in response to the fuel crisis to prohibit speeds higher than 55 mph. At first, many states opposed it but with the threat of withholding of funds plus the added revenue benefit of charging those going over 55, as they were used to, with speeding violations, the states folded.

I know it's off subject but if the feds passed a national preemption law and threatened the states with the withholding of funds because they didn't follow it...
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
I actually detest federal funding for State programs. It allows the feds to usurp State authority.

I’d love to see an amendment prohibiting the sending of federal funds to the States. If a State sees a need to fund a program, it should tax its residents, not the residents of other States!
_

On edit: BTW, bbMurphy, thank you for your rational responses. Others can learn from you what useful discussion looks like.
 
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color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
I actually detest federal funding for State programs. It allows the feds to usurp State authority.

I’d love to see an amendment prohibiting the sending of federal funds to the States. If a State sees a need to fund a program, it should tax its residents, not the residents of other States!
Now you are arguing against yourself.
 
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eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
I’m not. Your just either being dense or deliberately provocative. I believe the latter. BTW, that is called trolling.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
Let's not forget how powerful the withholding of federal funds can be. Why did all of the states lower their max speed limit to 55 mph back in the 70's? Because the fed said that if they didn't lower it to 55, then federal highway funds would be withheld. The National Maximum Speed Law of '74 was passed in response to the fuel crisis to prohibit speeds higher than 55 mph. At first, many states opposed it but with the threat of withholding of funds plus the added revenue benefit of charging those going over 55, as they were used to, with speeding violations, the states folded.

I know it's off subject but if the feds passed a national preemption law and threatened the states with the withholding of funds because they didn't follow it...
What federal funds are the states receiving to implement their conceal carry licensing programs? None. So, there is nothing to withhold.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,265
Location
Kentucky
No, let’s make a law that stops laws that infringe. That punishes those who would pass them. The 2A has no consequence for violating it. Let’s put some punitive teeth in the protection of our Right.

How do you al feel about your State preemption laws? Do you dislike them so intensely? Personally, I like the idea of being able to punish cities that try to legislate away my Right. I’d kinda like to punish the States too.

Oh, wait, that would require a federal law.
____

On edit: This is kinda the whole point: Prohibit the States from infringing—and punish them if they do. For anyone to criticize* my repeating the main idea when others keep misstating it (as requiring the States to enforce a federal law) is kinda trollish. But, trolls do troll.

*see below
What I'd kinda trollish I'd to keep floating an idea that cannot be constitutionall done.

Trust the states radically anti gun enough to ignore this fantasy law are going to ignore it fed money or no. By besides a court challange these days keeps the fed money flowing.

Since no " teeth ' can constitutionally be inserted into this law, and the law itself is useless this whole discussion is an exercise in futility.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,265
Location
Kentucky
I actually detest federal funding for State programs. It allows the feds to usurp State authority.

I’d love to see an amendment prohibiting the sending of federal funds to the States. If a State sees a need to fund a program, it should tax its residents, not the residents of other States!
_

On edit: BTW, bbMurphy, thank you for your rational responses. Others can learn from you what useful discussion looks like.

That might be going a bit far.

The Fed has no wealth. Owns nothing and has no money except that which it seals from citizens with a voluntary turned mandatory income tax and what it can steal from the states.

Whenever it returns money to the states it's only giving back money that was never rightfully the feds to begin with.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
That might be going a bit far.

The Fed has no wealth. Owns nothing and has no money except that which it seals from citizens with a voluntary turned mandatory income tax and what it can steal from the states.

Whenever it returns money to the states it's only giving back money that was never rightfully the feds to begin with.
It's the truth, but I don't think this truth will set you free.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,265
Location
Kentucky
It's the truth, but I don't think this truth will set you free.
Likely not.

But it's why I don't begrudge states or individuals getting aid from the Fed.

1. The Fed uses a tax it got passed as temporary and voluntary ,then turned mandatory , to gain most of its loot.

2. If it didn't give some to the states and individuals here , It would simply use it to persecute more citizens here to increase its power, or give it to foreign entities whose greatest wish is to see us all dead.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Considering how "well" many places are complying with federal immigration laws, what indications does anybody have that "national preemption" will do any better?
Thanks for the question. You are proving that rational discussion is possible on OCDO.

Just as in Ohio, lawsuits would be the prime method of enforcement and for assessing penalties. There have been a few successful lawsuits, one of which resulted in damages being awarded. HB228 (2018) beefed up ORC 9.68, broadening the types of damages that could be awarded.

Egregious cases should result in criminal charges. There, of course, would be a higher burden of proof, including showing intent to violate preemption.

Preemption works. We just need to do it at the national level.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,265
Location
Kentucky
Thanks for the question. You are proving that rational discussion is possible on OCDO.

Just as in Ohio, lawsuits would be the prime method of enforcement and for assessing penalties. There have been a few successful lawsuits, one of which resulted in damages being awarded. HB228 (2018) beefed up ORC 9.68, broadening the types of damages that could be awarded.

Egregious cases should result in criminal charges. There, of course, would be a higher burden of proof, including showing intent to violate preemption.

Preemption works. We just need to do it at the national level.

What about it cannot be last constitutionally or legally done by the Feds don't you get?

State preemption is a totally different thing and it does work on a state level. Ky is a prime example of it.

But the FED cannot constitutionally require squat of a state. Period.

There is nothing to discuss with n your idea except in theory because it CANNOT be done.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
What about National Preemption does not require squat of a State do you not get?

National Preemption prohibits behavior, and would define penalties for behavior that violates the prohibition.
____

Folks this tweet and the one to which I am responding are examples of a not useful way to debate on OCDO. The two posts immediately above are examples of useful debate.

A good rule of thumb: If you want people to treat you respectfully, treat them respectfully.
 
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