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Old December 15, 2017, 11:15 AM   #241
zukiphile
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Join Date: December 13, 2005
Posts: 4,439
Quote:
Originally Posted by AB
Proposed reciprocity (HR 38):


Quote:
Notwithstanding any provision of the law of any State or political subdivision thereof ...
That's the signal that Congress is over-riding state legislation on state police powers. Whether Congress properly has that power under the COTUS in this specific matter is the issue raised. The nay sayers are not suggesting that the federal government has never exceeded it's bounds in other matters, but that resolving the issue above legislatively may not be a long term victory.

LEOSA over-rides those state police powers where an individual is an agent of another law enforcement agency, an agent from another jurisdiction. FOPA protections for travelers pertain specifically to travel through a jurisdiction.

HR 38 is direct congressional interference in a state's exercise of police powers over state residents for activity within that state.

Last edited by zukiphile; December 15, 2017 at 01:20 PM.
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