I came up with an idea some years ago that should permit states to constitutionally bypass all Federal Gun Laws.
As we know, Federal gun laws exempt state law enforcement. The obvious solution is for a state to declare that all citizens over the age of 18 are members of the unorganized militia - they already are but put it into law. All members of the unorganized militia can lawfully arm themselves with any weapon used by the State Police so long as they obtain a license and pass a qualifying test. Once they have done this, they are considered to be reserve state police officers, available if called upon. As reserve police they are immediately exempt.
No more paying the Feds a $200 tax and filling out all sorts of paperwork for machine guns and no more post 1986 machine gun ban. Want a brand new M-4? No problem.
If the state declares most citizens are reserve police, there's not a lot the Feds can do.
The above approach has the advantage that it is less confrontational as nullification and saves nullification for other broadly unpopular Federal Laws such as Obamacare or the TSA.
As we know, Federal gun laws exempt state law enforcement. The obvious solution is for a state to declare that all citizens over the age of 18 are members of the unorganized militia - they already are but put it into law. All members of the unorganized militia can lawfully arm themselves with any weapon used by the State Police so long as they obtain a license and pass a qualifying test. Once they have done this, they are considered to be reserve state police officers, available if called upon. As reserve police they are immediately exempt.
No more paying the Feds a $200 tax and filling out all sorts of paperwork for machine guns and no more post 1986 machine gun ban. Want a brand new M-4? No problem.
If the state declares most citizens are reserve police, there's not a lot the Feds can do.
The above approach has the advantage that it is less confrontational as nullification and saves nullification for other broadly unpopular Federal Laws such as Obamacare or the TSA.
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