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View Full Version : Fed law vs: State law, precident?


jester
06-23-2005, 8:40 AM
Ok, last night on the news and the story was about the Feds raiding the Medical marijuana clubs in SF, even though the supreme court made a decision on this, and basically they stated that Fed law supercedes state law.
So I was wondering about this setting a precident as far as firearms go (fed AW ban goes away, reg. cap mags,etc)
So, couldn't we turn this to our advantage?
Couln't a savvy lawyer use this at some point to make the Ca. state bans go away?

delloro
06-23-2005, 9:23 AM
no

bwiese
06-23-2005, 9:37 AM
In fact, Fed gun law often allows states to create additional laws - and in fact violation of state gun laws is really violating Fed law too. It's the old 'if they wantcha they gotcha' clause.

Bill W
San Jose

imported_EOD Guy
06-24-2005, 7:51 AM
Originally posted by bwiese:
In fact, Fed gun law often allows states to create additional laws - and in fact violation of state gun laws is really violating Fed law too. It's the old 'if they wantcha they gotcha' clause.

Bill W
San Jose

Violating state firearms law is not, in itself a violation of Federal law, unless you are an FFL holder. Complying with state laws is a requirement of being licensed.

There may however, be Federal and state laws that mirror each other and you could then be in violation of both laws.