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Wyoming State Rep. Kendell Kroeker (R) tells Alan why he is trying to block the enforcement of federal gun control laws.
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It is Kendall Grove very he has -- using Wyoming state their representatives.
Is taking what he's calling -- precautionary measure.
In the Second Amendment fight in terms -- what the administration.
And the house -- senate might do about gun control state -- but I -- broker of Evansville.
Has put forward a bill making it a felony to enforce in Wyoming.
Any federal ban on assault weapons or high capacity gun magazines.
Or -- some of the proposals that Joseph Biden's gun control task force is likely to present.
To the president is that an accurate.
Fair representation.
Mr.
-- what you're doing.
Obvious I believe it is why do.
But because I think the federal government has overstepped their bounds and -- Take an oath to uphold wants to support and defend the constitution of the United States and the constitutional oil coming in.
Both of those grant us the -- to bear arms and I think it's my duty -- protect the rights of the citizens.
-- but if you say you're duty is -- the constitution many would say.
Disagree with the notion that a state could make the law.
To disobey a federal law that federal law would overrule anything you can do -- a state.
Will be -- constitution have for supremacy clause which is where most people crypto from the supremacy clause also that the federal laws.
-- -- -- the constitution and and if they don't.
That's -- the Supreme Court to decide you can't unilaterally decide that a law is unconstitutional.
You could move toward getting a Supreme Court hearing on that the Supreme Court can then decide.
-- you can't just unilaterally decide we don't like this law we think it's unconstitutional.
Therefore we're not -- -- -- the tenth amendment so that the powers that are not delegated specifically to the federal government in the constitution.
-- delegate to the states and I believe that that is -- power delegated to the states and I fully expect that fifth -- bill passes.
It will get challenged in court I -- that the Supreme Court will probably gives you ultimate ruling on on who's right who's wrong.
Well Jeffrey Fisher for example Stanford university law professor says it's an elementary it is elementary says that a state.
Cannot pass a statute -- blocked enforcement of an otherwise enforceable federal law.
On Thomas Jefferson disagreed he he believed it was states duties to so stand up to the federal government if they were.
As they -- -- unconstitutional models what he's helped draft the amount of Virginia and Kentucky -- resolutions to oppose the alien and to.
They were resolution though they were not laws and that's the difference.
Between what -- signing with Jefferson didn't.
And what you're saying you would like to do.
Thumb -- -- you're right there but.
Like this that it's it's what it's what I feel like to do to protect the rights of the Second Amendment and.
I -- but again I mean well we can argue I mean we -- argue whether it's right to enact gun controller -- finance an age old argument.
What -- with that we're having -- a national level but the notion that you as a state.
And I don't know how much support you have in the state for this but.
You know you can't simply say I don't like federal law X and so we're gonna pass a state law that says we're not -- a bank acts.
It doesn't work that way that's not how our federal government works -- is an -- constitutional court.
I would actually respectfully disagree -- I believe there are founders intended the these states to be an independent sovereign and there were supposed to be a check on the federal government same way that the different branches there are checks upon each other.
Well the checks and balances and more you do -- you just suggested.
With the three tiers of government not the -- -- the federal government the state doesn't have the right to say I don't like -- Phil Jones doing except for example with Obama care.
We're part of the law states that states can opt out under certain conditions.
If certain things are provided to the citizenry of those states that's different what you're doing which is simply to say.
If the federal government passes this law -- be a felony what would you do you make it a felony to obeying the federal law.
We we've actually had the the war -- about getting on the books for three years -- have not been challenged.
Well as a challenge because if the federal government has moved on gun control.
But now now that they money.
What -- happen -- somebody who wanted to -- the federal -- what would you do what would be the punishment.
So somebody who -- a federal official who came into it forceful off the -- punishment would be that we would.
Arrest them and you -- -- a federal official lieutenant yes we would.
On the -- -- they're violating oil which they lost.
And and and what if you I mean you would then have to prove that you have the standing to arrest a federal official.
In -- federal law.
Look who we would -- expect it would go to court and and we'll see what happens.
What kind of support to half of this Wyoming.
It's overwhelmingly supportive I've received Ford actually.
What last night was tabulating the -- -- -- received and it's about a thirty to one ratio for -- accounts.
Well I think you can have a real problem and also -- -- by by battling the federal government are due to cost the taxpayers Wyoming a lot of money.
Fighting -- Don Quixote type.
-- Mighty vital secular world that what you will -- when it comes.
I mean again you use like Thomas Jefferson -- -- knowledge that.
He was talking at resolutions not laws so that -- there's no real precedent for this.
That -- movement may be the case but there are true there is the state of Wisconsin.
Ignore Friday of federal law that's -- to have escaped slaves from the south had to be returned.
To the -- and Wisconsin so we're not going to enforce -- -- belt law.
And certainly -- case so I don't know exactly how that played out.
Or whether that would be a proper president.
For this case but.
You expect it will pass Wyoming and went.
Well I don't know for sure there will pass bit but I think it has a very good chance it will.
It's scheduled to be heard and committee in the house on January 20.
You have another -- -- -- got to tell you this but you know I guess you're getting a lot of intentional as -- house -- 97.
Let her which would prohibit abortions if an embryo or fetus heart -- is detected.
-- senate file 88 you know you're you're you're -- 97 right.
-- -- -- I'm not to not involved with the pump house.
Only -- -- provide pregnant women the opportunity to listen to the fetus heartbeat before an abortion and the -- -- rules about what they would do with their doctor prior to getting divorced that's like your bill.
But you would.
Prohibit abortions -- an embryo or fetus heart -- -- detected again you might have a problem with what federal law says.
And we -- vs wade sits on the federal level right.
We do we we might but I believe that there is.
That there is a case to be made there are based on the original Roe vs.
Wade decision.
And I'm going from from memory -- look it up but wasn't yeah -- -- -- millions of little expecting you can't come up but he.
But -- just.
Majority opinion in the decisions.
-- a statement in there along the lines of that the court was not determining what life began and if there -- -- different advances that's that's that opened the door that it could open the door of the -- and and I.
I am making there's this statement but I believe -- -- -- have a heartbeat it's it's wrong to kill it.
Chavis -- a hole -- -- and Laramie.
Says that women must get a trans vaginal ultrasound.
In order to really determine if there's a heartbeat so would you be forcing women to have trans vaginal ultrasound.
You know I did not know that wanna put the -- for it was assuming that it would be an ultrasound that you could get to conventionally.
But -- if -- -- let's say you can't.
-- would women would you would you would you have to then force women into that kind of procedure and would that pass Muster.
I would.
I would not want to force women into that situation I was.
Would you withdraw the -- -- that -- the case then.
-- withdraw or.
Or maybe change -- to detectable with -- a conventional ultrasound.
But what if indeed -- you can't detect heart beat.
-- it traditional ultrasound early enough.
But it can only -- and entry and eventually.
What what does that do -- your belt.
Of all all -- to evaluate that if if that is the case but I I do stand behind the premise that if the baby has a heart -- It's stronger tickets for -- All right sir I appreciate that you're talking to our audience here tonight about this and obviously you have some very controversial -- and appreciate your clinic her -- answer yes thank you for anything -- kennel broker who has a Wyoming state --
