new Petition : make oklahoma exempt from fed magazine and AWB

[Glocktogo]

You can start a petition for anything you want, but state law can't override Federal law (unless it's a power reserved to the states). Most likely, the best you could do is forbid state/county/city law enforcement from enforcing Federal laws, but you have to be careful in how it's worded to avoid the law of unintended consequences.

You could probably get a law that required Oklahoma to challenge any federal law infringing on the 2nd Amendment in federal court.

You could all so designate Oklahoma as a 2nd Amendment "sanctuary state" where local and state agencies cannot notify the feds when a federal AWB or magazine ban crime is discovered, or house federal detainees on those charges. There's plenty of legal precedent out there to support it what with marijuana and immigration challenges at the local and state level.

 

[dancer4life]

I would be in and sign the petition if we could feasibly do it.

 

[avtomatkalashnikov47]

You could probably get a law that required Oklahoma to challenge any federal law infringing on the 2nd Amendment in federal court.

You could all so designate Oklahoma as a 2nd Amendment "sanctuary state" where local and state agencies cannot notify the feds when a federal AWB or magazine ban crime is discovered, or house federal detainees on those charges. There's plenty of legal precedent out there to support it what with marijuana and immigration challenges at the local and state level.

I like the I like the way that you guys think and those are very valid statements it does seem like something that could be done because there are similar marijuana laws

It makes sense that even though it's federally illegal they don't do anything on a state level so it would have to be some kind of sanctuary state where they're not allowed to report the crimes as if any crime really truthfully would be committed I don't see how just owning something you own right now already legally can all of a sudden just be illegal because they decide to make it a crime to own those things

this is exactly why I this is exactly why I think it's really important we get something like this going

 

[amcardon]

I just saw THIS THREAD on snipers hide:

AUSTIN, Texas (March 5, 2019) – A bill filed in the Texas Senate would set the foundation to nullify federal gun control in practice and effect.
Sen. Bob Hall (R-Edgewood) filed Senate Bill 378 (SB378) on January 17. The bill would prohibit any state government agency, personnel or public funds from enforcing any federal gun control regulation or law “if the federal statute, order, rule, or regulation or international law imposes a prohibition, restriction, or other regulation, such as a capacity, size, or configuration limitation, that does not exist under the laws of this state.”
State agencies and local governments would not be allowed to receive state grant money if they adopt any regulation that requires enforcement of federal gun control laws that do not mirror in state law. A person in the affected jurisdiction would be permitted to file a lawsuit with the state attorney general.
There is also a provision that stipulates the attorney general must defend any state agency or local government sued by the feds for not enforcing federal gun laws.
Last week, the House Homeland Security & Public Safety Committee held a hearing on a similar bill, House Bill 238.
EFFECTIVE
The federal government relies heavily on state cooperation to implement and enforce almost all of its laws, regulations and acts – including gun control. By simply withdrawing this necessary cooperation, states can nullify in effect many federal actions. As noted by the National Governor’s Association during the partial government shutdown of 2013, “states are partners with the federal government on most federal programs.”
Based on James Madison’s advice for states and individuals in Federalist #46, a “refusal to cooperate with officers of the Union” represents an extremely effective method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership from the states.
Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a televised discussion on the issue, he noted that a single state taking this step would make federal gun laws “nearly impossible” to enforce.
“Partnerships don’t work too well when half the team quits,” said Michael Boldin of the Tenth Amendment Center. “By withdrawing all resources and participation in federal gun control schemes, the states can effectively bring them down.”
Boldin also noted how the same strategy is being used effectively elsewhere.
“No one – and I mean no one – is arguing that immigration sanctuary cities aren’t having an effect on federal immigration law. This bill in Texas uses the same approach of withdrawing resources and enforcement support, but it takes on federal gun control,” he said. “More conservative states should do the exact same thing.”
SB378 represents a strategic, yet powerful step forward. If it passes into law, gun rights activists should then direct their strategy and resources towards repealing state restrictions on the right to keep and bear arms. Every repeal would then include an immediate ban on resources for enforcement of any similar federal law or regulation.
NECESSARY
Some gun rights supporters argue that such a measure is “unnecessary” because it addresses a nonexistent problem with a Republican Senate and an NRA-backed president.
“We’ve already heard talk of an unconstitutional bump stock ban, but even if we don’t get any new gun control in the next couple of years, there’s still a lot of unconstitutional federal gun control measures on the books today,” Boldin said. “Whether it’s the National Firearms Act of 1934 or the Gun Control Act of 1968, plus many others – the states can build a constitutional wall that protects them from the unconstitutional ATF.”
LEGAL BASIS
SB378 rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The anti-commandeering doctrine is based primarily on five Supreme Court cases dating back to 1842. Printz v. U.S. serves as the cornerstone.

 

[Ethan N]

So, the law you’re describing already exists…kind of. Years ago Oklahoma passed a law exempting all arms that are manufactured and used entirely within Oklahoma from all federal firearms laws. It’s late and I’m trying to fall back asleep after getting up to give my two-year-old a drink of water (my favorite middle-of-the-night ritual ), so excuse me for not looking up the statute, but essentially it applies to any arms that are made in Oklahoma with every individual part made in Oklahoma as well. Several states have similar laws (Montana was first, IIRC), but it has never been tested in court as far as I’m aware.

It may not be feasible (or desirable) to manufacture an AR-15 with only parts made in Oklahoma, but magazines aren’t out of the question. They’re much simpler in both materials and function. There’s a chance I’m misremembering and this law wouldn’t actually apply to magazines, but it’s worth looking into.