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View Diary: We Got Your Assault Weapons Ban Right Here (20 comments)

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  •  What conflict? (4+ / 0-)

    What federal law preempts state and local governments from equipping law enforcement and defense forces?

    No nullification issue here at all.  Arizona would just have cleverly removed its population from the prohibited class of citizens.

    •  IANAL, but am somewhat familiar with (2+ / 0-)
      Recommended by:
      124NewYork, PSzymeczek

      courts looking past superficialities to get to the underlying reality.

      There is no Arizona State Guard. It's a paper construct with no members beyond the entire population except those specifically excluded; no funding; no budget; no employees, and no property.

      It does not exist except in the minds of those who find it convenient to claim it.

      Moreover, given that the proposed statute applies not only to actual members of this non-existent force, but to all persons "eligible" to be members it's hard to imagine that such exemption from federal law (should S.150 become law) could withstand challenge on the grounds of overbreadth.

      “Perhaps the most 'spiritual' thing any of us can do is simply to look through our own eyes, see with eyes of wholeness, and act with integrity and kindness.” Jon Kabat-Zinn

      by DaNang65 on Sun Jan 27, 2013 at 03:00:14 PM PST

      [ Parent ]

      •  So commit a budget. (1+ / 0-)
        Recommended by:
        Tom Seaview

        And appoint existing state offices for the purpose of organizing the guard.  Extend the exemption to only those who assent to participate.  The organization required is principally administrative (handing out identification), and can be folded into a much needed permitting regime.

        The responsibility for arming the guard will rest with its members.  That much was certainly specific enough to pass muster two centuries ago.

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