Wednesday, June 15, 2005

How Come?

From CALPEEK
California Political Week
June 13, 2005
Vol.XXVII, No.23

“Guns – Question: how come the NRA has not filed a lawsuit to remove the so-called San Francisco gun ban initiative from the November 2005 ballot? Doesn’t the State have preemption rights???”

Well, it thinks it does. I’ve always found the preemption doctrine hugely troubling when presumed to apply to unalienable rights. Still, the first question is legitimate, if for no other reason than consistency.

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