Judge: States 'Trying To Send A Message To Congress And The Courts' Regarding Gun Rights

Stephen Gutowski
By Stephen Gutowski | February 20, 2013 | 11:34 AM EST

On Megyn Kelly's America Live, Judge Andrew Napolitano addressed efforts by many states to preempt new federal gun control laws. He said he believes that the states involved are likely trying to "send a message to the Congress and the courts and, maybe, that message will be popular."

However, he also cautioned that these legislative efforts are "directly opposed to 60 years of commerce clause jurisprudence which basically lets Congress regulate anything it wants."

While Napolitano was pessimistic about the states' efforts, he did saut that "if enough states agree, Congress might back down" because "the states can amend the Constitution independent of the Congress if enough of them want to."

Additionally, Napolitano believes the relatively gun-friendly Supreme Court may be willing to "carve out an exception to Congress's power to regulate interstate commerce when it comes to a fundamental right like the right to keep and bear arms." So, there may be hope for this initiative after all.

Either way, the potential battle between the states and federal government could be as historic as any we've seen before. (h/t,

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