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Paradox
02-01-2013, 08:51 AM
The U.S. Supreme Court recognizes federal laws as the supreme law of the land. If this statement is true, is there any way the states can override or nullify any anti gun laws coming out of Washington?

imanaknut
02-01-2013, 10:51 AM
If that was true, the 1968 GCA and all other firearm related laws would be null and void regardless as to states doing something, but that won't stop ATF from ruining your life over a semi-auto accidentally double firing.

A couple of states have tried to tackle the 1934 NFA but so far non have really succeeded. Something about the fact that the feds are now so big and so powerful there is not much a state can do without risking financial ruin.

nitewatcherXX
02-01-2013, 11:30 AM
The "supremacy clause" in the Constitution is mostly what there referring to. The only way the States can change law is by convening a constitutional convention. I think it takes 2/3's?

According to Article V, Congress must call an amendment-proposing convention on the application of 2/3 of all US States. All 34 state legistlatures would have to submit applications. Once proposed, those amendments would have to be ratified by 3/4 of the states or 38 states. At that point the Constitution would be amended and history would be made.

So to answer your question yes the states can change the laws of the land. However, getting 3/4's of the states to agree. Is well.........

Napalm281
02-01-2013, 12:47 PM
The U.S. Supreme Court recognizes federal laws as the supreme law of the land. If this statement is true, is there any way the states can override or nullify any anti gun laws coming out of Washington?

I thought the Constitution and BOR are suppose to be the supreme law of the land!!!

Paradox
02-01-2013, 12:59 PM
Something about the fact that the feds are now so big and so powerful there is not much a state can do without risking financial ruin.

I remember when Jimmy Carter mandated a 55mph national speed limit, some states pushed back. He threatened to hold back federal highway funds. No more push back from the states!

L1A1Rocker
02-01-2013, 01:27 PM
The supremacy clause is purposefully being expanded beyond what it's scope, and what it actually says. What it says in a nutshell is, should there be an overlap of state and fed jurisdiction, the fed's jurisdiction is supreme over the state. The problem we are seeing is that the Feds have encroached into what the constitution specifies as state powers. The big government libs then say, Fed trumps state. The problem is, that the fed doesn't really have jurisdiction.

5.56NATO
02-01-2013, 02:51 PM
I thought the Constitution and BOR are suppose to be the supreme law of the land!!!

Bingo!

N/A
02-01-2013, 06:00 PM
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