{"id":90332,"date":"2023-02-24T13:40:44","date_gmt":"2023-02-24T19:40:44","guid":{"rendered":"https:\/\/milesfortis.com\/?p=90332"},"modified":"2023-02-24T13:40:44","modified_gmt":"2023-02-24T19:40:44","slug":"90332","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=90332","title":{"rendered":""},"content":{"rendered":"

How red states are set to permanently undermine gun control<\/a><\/p>\n

When Missouri passed it\u2019s sanctuary law, the measure basically said that federal gun control laws were invalid. They just didn\u2019t exist within the state\u2019s borders.<\/p>\n

Other states started trying to follow suit.<\/p>\n

I got a fair bit of heat because I actually said I thought that was probably a bad idea. It wasn\u2019t that I dislike Missouri\u2019s law, only that I didn\u2019t think it would stand up to legal challenge from the federal government. I wanted to see what the courts said so other laws could be better crafted.<\/p>\n

In Ohio, though, it seems they are taking an approach\u00a0that I personally feel is far wiser<\/a>. And they\u2019re not the only ones treading that same path.<\/p>\n

\n

The bill mirrors a\u00a0law<\/a>\u00a0passed in Missouri in 2021 that restricts the enforcement of federal laws which violate the state\u2019s view of the Second Amendment, according to the Dispatch. The Department of Justice (DOJ) sued Missouri after the law was passed, saying the state could not \u201csimply declare federal laws invalid,\u201d\u00a0according<\/a>\u00a0to a DOJ press release.<\/p>\n

Loychik believes that HB 51 is even stronger than Missouri\u2019s law, according to the Dispatch. \u201cThere have been changes that have been made. This bill is a lot stronger,\u201d he said, noting that the bill will not violate the Supremacy Clause.<\/p>\n

\u201cHouse Bill 51 does not challenge that,\u201d Loychik said. \u201cIt simply states that the state of Ohio will not help the federal government agencies enforce their gun-control agenda by commandeering our local enforcement.\u201d<\/p>\n

Earlier in February, Republican Montana Gov. Greg Gianforte\u00a0sent<\/a>\u00a0a letter to U.S. Attorney General Merrick Garland, saying that Montana would not enforce the\u00a0Bureau of Alcohol, Tobacco, Firearms and Explosives\u2019 (ATF) final rule for pistol braces.<\/p>\n

The letter follows HB 258, passed by the Montana Legislature\u00a0in 2021, a law that blocks peace officers, state employees or employees of a political subdivision \u201cfrom enforcing, assisting in the enforce of, or otherwise cooperating in the enforcement of a federal ban on firearms, magazines, or ammunition,\u201d\u00a0according<\/a>\u00a0to the legislation.<\/p><\/blockquote>\n

See, I like the Missouri law. I want it to stand up in court. I just don\u2019t believe it will.<\/p>\n

However, agencies like the ATF depend on local law enforcement for assistance. Without them, they can\u2019t really do all that much in our local communities.<\/p>\n

By laying down the law and saying that local and state law enforcement will not help enforce unconstitutional gun control laws, they\u2019re accomplishing the same thing as the Missouri law from a far more defensible legal position, in my layman\u2019s opinion.<\/p>\n

After all, the feds can\u2019t just appropriate local law enforcement for their own purposes. They can\u2019t swoop in and just demand the county sheriff dedicate X number of deputies toward their own investigations and arrests. They need those agencies to cooperate.<\/p>\n

These efforts basically say that\u2019s not going to happen.<\/p>\n

In impact, there\u2019s not a whole lot of difference between what they\u2019re doing in Ohio and what Montana has already done. Yet the latter will likely survive legal challenges while the former isn\u2019t as likely to.<\/p>\n

I could be wrong, of course, and I\u2019d love to be. I\u2019d love it if Missouri\u2019s sanctuary law was upheld by the Supreme Court and numerous other states decided to follow suit.<\/p>\n

But I don\u2019t think I am and I think most of you probably agree that I\u2019m not, no matter how much we hope I am.<\/p>\n

Ohio and Montana though? I think they\u2019re on the right road.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

How red states are set to permanently undermine gun control When Missouri passed it\u2019s sanctuary law, the measure basically said that federal gun control laws were invalid. They just didn\u2019t exist within the state\u2019s borders. Other states started trying to follow suit. I got a fair bit of heat because I actually said I thought … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[79,24,8],"tags":[],"class_list":["post-90332","post","type-post","status-publish","format-standard","hentry","category-government","category-rights","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90332","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=90332"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90332\/revisions"}],"predecessor-version":[{"id":90333,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90332\/revisions\/90333"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=90332"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=90332"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=90332"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}