Colorado Sheriffs Taking New Gun Laws To Court!

According to KOA it appears around 50% of CO. Sheriffs are taking the new gun laws to court. Interesting and I would love for them to win but I have to think there is not a lot of precedence of law enforcement overruling a legislature.

Taking the state to court is easily done by any group or individual. Recalls are also in progress as are ballot initiatives........then the taxpayers must fund the silliness........long way to go. IF the FEDs pass gun control laws the federal laws will rule over the state........so the CO silly season on gun control will probably end soon.

Recall the sheriffs are ELECTED and in addition to supporting the constitution they have to stand in many cases for reelection....their best bet is to play their constituents as elected officials and let the Congress do the heavy lifting.....and gut the whole effort. Watching the Senate it seems that is exactly what is happening.

The federal laws will only act as a floor, states may enact stricter laws if they choose.

You are wrong Dog......there are many instances where lest strict federal laws trump strict state laws......you are just misinformed.

And times where stricter local laws are struck down by federal courts like Heller.

Routine.....of course....the most remembered example are the civil rights laws and voting rights laws......strict state laws were invalidated by Congress.......

deltamrey wrote: You are wrong Dog......there are many instances where lest strict federal laws trump strict state laws......you are just misinformed.

Actually I am correct. State laws may enact stricter standards than federal laws, just not weaker laws. For example, federal laws set forth crimes for use and distribution of drugs, yet states may enact harsher penalties on the use and distribution of pot than the federal laws do. Federal law governs employee discrimination, yet states may enact their own laws as well with stricter standards than the federal laws.

There are some federal laws that preempt local laws under the doctrine of preemption in their entirety, but this is not one of them. Congress must explicitly state that the laws preempt any state laws in order for the federal law to preempt the state law, and they are not doing so here. Even if Congress did try to preempt state law, it would have to be demonstrated that it is impossible to obey both laws, which, again is not the case here. The federal laws here will just set the floor for the states.

FredHayek wrote: And times where stricter local laws are struck down by federal courts like Heller.

Yet the court in Heller allowed portions of the stricter local law to be upheld, such as the requirement to license and the ammunition provisions. It was not decided on preemption, but on 2nd Amendment grounds.