Why would it need to be? It’s already in the Constitution.
it was what your snark deserved
Ooooo. Sounds meanful.
What do you think your posts deserve?
You are the one who deflected with tribalism .
Try keeping to the subject, and BTW, where in the Constitution has Congress been delegated a power to tax and spend to provide gun safety legislation? And particularly so when the Tenth Amendment reserves to the States and people therein all powers which. “. . . in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State . . .” See Federalist No. 45.
JWK
Why have a written constitution, approved by the people, if those who it is meant to control are free to make it mean whatever they wish it to mean?
Shoo. I don’t care.
You never answered the question.
you’re still confused.
the fact that its not in the law would be why laws get overturned. they violate whats in the constitution.
this law does not require any sort of court order for the government to confiscate your gun. only under subparagraph (iv) are you entitled to a hearing, which if you win does not get you your gun back. you could still be forced to sue to get it back even after winning unless the judge orders it returned. and there is no entitlement under subparagraphs (i), (ii) or (iii) for a post deprivation hearing.
further, the provisions only apply to programs funded under Bryne grants.
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judging by how often you’re dead wrong about law… whatever you paid that law school.
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um… its your side passing this crap.
No, laws don’t get overturned because they fail to reiterate established existing rights.
“Case or controversy”
Of course it does. An ERPO is required, to confiscate a gun. Everything follows from that.
Judging from how often you reference my degree and field, I can only interpret this as some form of jealousy.
Does it hurt that I get paid well to do what you so loudly oppose?
the erpo is subparagraph (iv), and no, the state does not first seek one before they confiscate, the law allows them to confiscate if one exists.
seriously dude, get your money back.
reiterate? no, violate… yes.
it is just plain silly of you to assume a law which says the government can take your gun doesn’t mean the government won’t take your gun because the constitution forbids it. if the law says they can, they will, and then you have that whole court thing like just happened when ny’s law violated the constitution. or did ny’s law not require you to show need even though it said you had to because the constitution doesn’t allow that and the whole court thing is just a big misunderstanding?
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someone put the rock there
I had a good handle on what you were trying to say, right up untill that last sentence.
Yes, the law allows for confiscation of guns - if an ERPO exists. An ERPO is a court order.
This law doesn’t say any of this.
So this is all about what you’re afraid could happen, not something that is actually happening.
lol, don’t flatter yourself.
1, i hate lawyers
2. i’ve beaten them in court arguing my own case
3. you’re not as good as the ones i beat
4. did i mention i hate lawyers?
Oh, so many emotions.
It’s ok, I get it now.
cite one law that empowered the government to do a thing they did not do. well… other than secure the border.
cite one single law that empowered the government to do one thing beyond which the constitution allows that somebody didn’t have to sue to make them stop doing?
your assertion that the law does not say what it says and allow what it does because the constitution covers what it does not say or negates what it does say is ludicrous.
The courts no longer allow private prosecutions of a public right. We the People have no standing to challenge the lawlessness of our government UNLESS we can demonstrate some unique harm done us not generally common to all.
This law doesn’t “empower” anything. States have been free to - and have passed - “red-flag” laws this whole time.
The only thing this law does is give cash grants to states that have done so, according to the criteria.
And the enumerated power for the spending is?
