States’ rights
State officials say a recent court ruling has rendered meaningless a Wyoming law intended to allow people convicted of domestic violence to regain their federal firearms rights.
5 Responses to “States’ rights”
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October 28th, 2008 at 12:29 pm
was actually a good SCOTUS ruling… WY wanted to expunge records, but still list the original crime on the record for a period of time… not a true expungment
October 28th, 2008 at 3:20 pm
I agree with chris.
It was expunged unless you did the act again at which time the first offense could be used for penalty enhancment. Which means the record was not completely gone.
Since NICS is a federal law, the federal expungment rules must be followed, which means the record is completely gone and not availible for later use.
WY could simply revise its law to make the record completely gone instead of halfway and they would be in compliance with federal law.
With the Feds it’s all or nothing.
October 28th, 2008 at 3:49 pm
Or … they could just declare every adult in Wyoming a member of the un-organized state militia, and have the state handle tax-exempt transfers Form-10 LE-only for them, and call these machineguns their issue weapons.
If they were really serious about this, they can make the courts sorry they screwed with them.
Montana did a similar thing in regards to the federal act forbidding firearms near schools … they just declared all citizens to be Montana LEO in regards to schoolyards only.
The same thing can be done with firearms … heh.
October 28th, 2008 at 6:51 pm
What states rights? While we still have federal laws regarding firearms that apply to people who are not crossing state lines, we have no states rights. States rights became a thing of the past when the federal judiciary started accepting any excuse that congress conjured to tie their laws to interstate commerce. At this point, congress could pass a law against passing gas by just adding a preamble the claims that flatulence could cross a state boundary even if it occurred miles away from any such boundary.
October 29th, 2008 at 2:01 am
States’ rights died in 1865 at Appamattox Courthouse, Va.
However, I must agree with the ruling, though I find it distasteful to do so. Expunged means expunged, not almost expunged.