Quote:
Originally Posted by Pisgah
Yeah, it's a bummer that the Constitution limits what Congress can do and leaves a lot up to the individual states to decide for themselves, ain't it? Congress is so tuned-in we should just let them decide for everyone, eh? If we'd just let them, they could take care of us all...
My point is, the citizens of NY and NJ can change their situation any time they want to. I am willing to leave it up to them.
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The OP isn't arguing that the people of those states shouldn't attempt to change the law(s). It also isn't an argument for taking away State's Right's, not really. The OP is arguing why the Federal DOJ doesn't prosecute States, when they violate Federal Law, on a matter of which the Federal Government has preemption on.
The problem @GOV5, is that this is one area, Concealed carry, etc that the Federal Government does not have preemption, and it falls within a State's Jurisdiction. What the Federal DOJ CAN do is challenge said laws for their Constitutionality. That is somewhat rare though. More often a 'test case', an arrest under the law, is challenged and appealed, until SCOTUS hears it. SCOTUS, has been very picky about what they have heard and ruled on. Part of that is the now retiring Kennedy was never a sure 2A friendly vote (imho).
But, that is about to change soon, as Kennedy retired, and they will soon have an, imho, strong 5 Justice side in favor of 2A rights. BUT, they are also Originalists/Constitutionalists, most of them. As such, they firmly believe SCOTUS isn't there to 'make law', but interpret it based on the original Constitution. So, they will likely not make broad reaching rulings.
That said, NY laws seem to me, to be very like what Heller ruled against in D.C. These types of Justices often love to stick to precedents as well. So, there is a good chance.
Now @Pisgah, it is easy to say it is up to the people of NY and NJ to change their 'fate'. But, it doesn't really take into account reality, particularly in States with a large, progressive voting Urban area, like NY, NJ and Illinois.
Here in Illinois, we have a majority of the area of the state that are very 2A friendly and supportive. However, we have Cook County and Chicago, with their political corruption, majority of population, and way too much political influence at the state level. This is why we have in some ways, more draconian gun laws than NY or NJ (we have to have a license to buy ammo, guns, many accessories, that gets us a nightly background check 360 nights a year).
The Cook County/Chicago Political machine has so much power, that republicans from other areas HAVE to negotiate on everything, or NEVER get anything passed at the State level.
I have no idea if NY or NJ is similar, but I got to think, it is hard to fight against NY City at the state level.