Has any state ever trid to overturn an AWB?

[glennv]

Has any state ever tried to overturn an AWB?

Just a thought. It's getting interesting since bans are popping up in states like CO, which have very well defined individual guns rights. In RI we are anticipating a proposed AWB tomorrow but we also have had very pro-gun car law at the Supreme Court level. Any attempt to ban these weapons would go against our state constitution. Or case law is pretty devastating to any new restrictions.

Has any state with one of these bans ever tried and failed?

 

[InkEd]

Are you talking about a state trying to fight a federal ban?

I don't know if it has ever happened but I think the argument for infringement upon states' rights would be pretty valid.

 

[glennv]

I was thinking just state bans. Just curious since it is a very short trip for a case to go to our supreme court. (Nice for us.)

 

[mrvco]

I haven't seen an example of a state ban on specific types of weapons or mags overturned.

The nearest examples I know of are the DC ban on gun ownership (which was an obvious and direct blanket 2A infringement) and Illinois being forced to pass a conceal carry law.

 

[martymcfly]

not sure of any state having tried it, but the law suits challenging the legality and constitutionality are certainly being worked on here in CO. I think the mag limits will be first up and probably the most important one.

 

[glennv]

Right, I was think CO would be the first. In RI we luckily have case law that would certainly be devastating to any new anti gun legislation. Fingers crossed that we wont need to.

 

[tomrkba]

Here is the issue:

The GCA 1968, NFA and AWB 1994 were all based upon the Commerce Clause (CC). These laws are a means to get around the 2A based upon a dubious SCOTUS ruling that the Feds can control anything related to commerce. This was not the intent of the CC. This abuse of the CC has led to massive government control over just about everything. For example, there was never any intent to allow the Feds to control how a surgeon does his or her work because the scalpel crossed state lines.

This is tyranny and it must go. But, until the people actually learn how the system works, that will never happen. The vast majority do not care, which is another major hurdle.