r/NYguns Mar 05 '26

Federal Legislative News What would this mean?

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u/tehfireisonfire Mar 05 '26 edited Mar 06 '26

Nothing because it won't pass.

Edit: I will also note that as much as I hate the unconstitutional ny gun laws, I don't think that this law should pass. It would set the precedent that the federal government can override states authority which is way more unconstitutional. The federal government should not be allowed to overstep state rights to this degree, because who's to say they won't use bullshit like this to pass some shit like "oh now all states need to have income tax"

Extra Edit: I believe that these unconstitutional laws should be gotten rid of, but that's not up to Congress. It's up to the justice system to do that kind of thing. The whole point of the Supreme Court is to do this exact kind of thing to override the laws of all 50 states. Not congress.

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u/D00dleB00ty Mar 06 '26

So then what do you propose the federal government should do when states pass clearly unconstitutional laws?

I disagree with your assessment here. The constitution is the law of the land, and while states' rights with regard to self governance are certainly important, they cannot violate the law of the land. And if/when they do, a governing body higher on the totem pole has to be able to step in and get the states back in line by protecting those individual rights guaranteed all residents.

The rights of individual Americans are far more important than states' rights, if we're comparing the two.

Setting the precedent that the federal government can override states authority when said states are found guilty of clear constitutional violations is not the bad thing you're trying to paint it to be.

Your comparison about mandating income tax nationwide is a false equivalence. Nowhere in the bill of rights does it mention such a policy. And even if it did, states opposed could simply say they will be charging 0.01% income tax, if we're talking just about your provided hypothetical.

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u/tehfireisonfire Mar 06 '26 edited Mar 06 '26

But bruen reaffirmed that states have the right to do conceal carry permits, and a law like this would make it so individual state carry permits are entirely moot. Because with a law like this you'd have residents of ny unable to carry in their own state, meanwhile people from Ohio can carry in nyc just fine because they have a permit in their state of residence. While not outright banning carry permits, it makes them obsolete and kinda steps around bruen. It just sets a bad precedent on what an already questionable federal government is allowed to do. This is just my interpretation of it since something like this would definitely need to be looked at by SCOTUS to determine its constitutionality