Please correct me if I am wrong!

[glock33slinger]

Remove thread please

Thank you

[blockfort]

I'm no lawyer either, but I'm pretty sure local laws are applied in addition to federal laws. Laws are restrictions, and there are a lot of things that the federal government doesn't restrict, but state and local laws do. If you're in a local or state jurisdiction and are caught in violation of those local or state laws, even if the behavior isn't restricted by federal law, you can be arrested and charged.

[Cokebottle]

Federal Laws trumps State laws correct?

The more restrictive of the two laws applies, however, Federal law is (generally) only enforced by Federal officers, unless the nature of the crime causes state officials to bring in the Feds.

Example, car dealership (in a free state) is robbed.
State crime, as no state lines were crossed by the robber.
Robber used a sawed-off shotgun.
State would have the option to bring in the Feds for a SBS charge.

Even in California.
GFSZ requires that all handguns be locked up and unloaded when within 1000ft of a school (barring CCW and other exemptions).
Federal law also applies to long guns, but California does not.
California does not care if you have a long gun, transported in a rifle case, unlocked, within 1000ft of a school.


Yes... what California has been doing for the last 30 years is unconstitutional by our opinion, but unless and until the SCOTUS declares it such, it is currently legal.

[GOLDEN GUN]

Depends on the law.. If the law is restrictive in nature, then state laws can be more restrictive.

If federal laws grant rights, state laws can not restrict those.

For example, if federal law only bans rifles less than 26" OAL, CA can legally require firearms to be no less than 30" overall.

On the flip side, if Feds made a law that guarantees every individual the right to $1,000 in financial aid to any student, state law can not reduce that or restrict that even more.

So you see in the case of firearms, rights to certain firearms and magazines are not expressly granted by federal law (barring our interpretation of the second amendment) so the laws are restrictive in nature and state laws can be more restrictive should they choose.


As far as medical marijuana goes, that is an issue since state sovereignty is the real issue.