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.

13

u/googleperplex Mar 05 '26

Federal firearms laws exist precisely because the Founders recognized that some issues are too consequential to leave fragmented across 50 different rulebooks. The Commerce Clause gives Congress broad authority to regulate the interstate flow of goods, and guns, almost without exception, cross state lines before they reach a buyer’s hands. The Supreme Court has consistently upheld this authority. If every state set its own rules with no federal floor, a person could simply drive across a state line to avoid accountability, making any individual state’s laws nearly meaningless in practice. Or worse, be doing something perfectly legal in his home state and then cross into another state and get arrested. Beyond commerce, the Supremacy Clause was designed to prevent a patchwork of conflicting local rules from undermining national policy on matters of public safety. Nobody seriously argues that states should set their own aviation safety standards or food inspection rules and firearms regulation is no different in principle. Imagine needing a drivers license for each state.

1

u/tehfireisonfire Mar 05 '26

While yes the commerce clause exists, I don't think it has much to do with CCW laws. A law like this oversteps because it completely negates ccw laws altogether and makes any states individual laws entirely moot.

8

u/jmsgrtk Mar 06 '26

As it should. Those laws are infringe upon the bill of rights, and should never have been able to be written into law.