It would appear Judge Napolitano thinks so.

 

It is so despicable that not only our elected officials, but even judges seem to totally disregard the Founders.

 

At least according to this article, there are 4 SCOTUS cases supporting this.

 

http://patriotoutdoornews.com/12654/minnesota-bill-thwart-federal-gun-control-past-present-future

 

Minnesota Bill Would Thwart All Federal Gun Control: Past, Present and Future

 

A bill filed in Minnesota Thursday would effectively thwart virtually all federal gun control measures on the books, past, present and future.

SF28, the Second Amendment Preservation Act, was filed by Sen. Branden Peterson. If passed, it would prohibit all state and local law enforcement from enforcing or providing material support to the enforcement of “any federal act, law, order, rule or regulation that relates to a personal firearm, firearm accessory or ammunition within the limits of this state.”

Such a tactic is an extremely effective way to stop a federal government busting at the seams. Even the National Governors Association admitted this recently when it sent out a press release noting that “States are partners with the federal government in implementing most federal programs.” That means states can create impediments to enforcing and implementing “most federal programs,” including those which impose upon the right to keep and bear arms.

James Madison, the “Father of the Constitution,” advised this strategy specifically. In Federalist 46 he outlined several steps that states can take to effective stop “an unwarrantable measure,” or “even a warrantable measure” of the federal government. Anticipating the anti-commandeering doctrine, Madison called for “refusal to cooperate with officers of the Union” as a method of resistance.

Judge Andrew Napolitano last year urged states to introduce and pass this type of legislation, saying that a single state passing such a law would make federal gun laws “nearly impossible to enforce.”

LEGAL BASIS

This legislation rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot “commandeer” or coerce states into implementing or enforcing federal acts or regulations – constitutional or not. The anti-commandeering doctrine rests primarily on four Supreme Court cases dating back to 1842. The 1997 case, Printz v. US, serves as the modern day cornerstone.

Continue reading at blog.tenthamendmentcenter.com

 

Technically yes, but in practice no. Why do you think DHS is giving free / loaned stuff to LE agencies across the Nation ? When push comes to shove, Feds need local LE to enforce / collect all that Feds want collected. I bet there is something in Patriot Act that can be invoked too, if necessary.

Technically yes, but in practice no. Why do you think DHS is giving free / loaned stuff to LE agencies across the Nation ? When push comes to shove, Feds need local LE to enforce / collect all that Feds want collected. I bet there is something in Patriot Act that can be invoked too, if necessary.

they're giving local pd's this stuff "hoping" that it'll buy them cooperation if that time ever comes. i honestly think that more police will stand with us than with the feds if that ever happened......after all, they ARE us.

they're giving local pd's this stuff "hoping" that it'll buy them cooperation if that time ever comes. i honestly think that more police will stand with us than with the feds if that ever happened......after all, they ARE us.

Don't count on it.

Haven't there been a few states to propose bills like this? Montana? Wyoming?

Haven't there been a few states to propose bills like this? Montana? Wyoming?

 

I believe Missouri has a law like that in place.  How does that help us in NJ?

Haven't there been a few states to propose bills like this? Montana? Wyoming?

Yes, a few other states have already filed bills:

 

"Introduction comes at a time when other states are also considering similar bills, building momentum and support for the effort to block federal gun control in the states. Similar bills have already been filed for 2015 in Texas, Kentucky, Oklahoma and South Carolina, and at least five more states are expected to do the same. Since 2013, Idaho, Alaska and Kansas have already passed into law legislation that pushes back at federal gun control measures with this same strategy."

 

I believe Missouri has a law like that in place.  How does that help us in NJ?

 

“We know from modern times that when ten or more states pass laws that seek to block federal acts, the federal government has an extremely difficult time with enforcement,” said Scott Landreth of ShallNot.org. “With three states on the board already, and legislators more willing to take a stand on the right to keep and bear arms, we are well on our way to bringing down some aspects of federal gun control without having to wait on Congress.”

 

Won't necessarily help us with our shit state laws, but will help things in general.

It's the same thing as when California made weed legal but the federal government still deemed it illegal. Dispensaries would get raided. California didn't care.

they're giving local pd's this stuff "hoping" that it'll buy them cooperation if that time ever comes. i honestly think that more police will stand with us than with the feds if that ever happened......after all, they ARE us.

I find it interesting that someone from NJ can actually say that with a straight face.

The doctrine may prevent the Feds from forcing the States to enforce the Federal law, but it doesn't prevent the Feds from enforcing the law in the State.   The California pot case is a good example of that, and it could apply to gun laws as well.

 

What usually happens is that the Feds will bribe the States to go along.  For example, the 55 mph speed limit.  The Feds did not have the authority to set a national speed limit, but they would tie highway funding to the the limit.  Only States that complied with the speed limit would qualify for the Federal highway funds.   I would bet there is some similar condition tied to receiving surplus military equipment.

With majority of the taxes going to Feds, the game was set in favor of Feds LONG Time ago.