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Gun Control & RKBA
In reply to the discussion: "Connecticut Judge Dismisses Newtown Lawsuit Against Gun Maker" [View all]BlueCaliDem
(15,438 posts)62. Yes, it does - according to Article VI of the U.S. Constitution. Always.
The law that applies to situations where State and Federal laws disagree is called the Supremacy Clause (part of article VI of the Constitution). https://en.wikipedia.org/wiki/Article_Six_of_the_United_States_Constitution#Supremacy
Clause two provides that the Constitution, federal laws made pursuant to it and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.
The supremacy clause contains whats known as the doctrine of pre-emption. It states that the Federal government wins in the case of conflicting legislation between State and Federal laws (and Constitutions). If a Federal and State law contradict, and when youre in the State and you're not challenged, you can follow the State law. But if the Feds decide to intervene - as was the case with the South's Jim Crow laws - it's game over.
Whenever there's a conflict between a State law and Federal law, it's the Federal law that stands. For example, those egregious Jim Crow laws (which forced the U.S. Gov't to step in) I've mentioned above, same-sex marriage laws, and the Federal regulation prohibiting the use of medical marijuana, as you've pointed out. Even if a State regulation allows it, but it's challenged in a Court of law, the Federal law prevails.
I'm truly surprised that far too few Americans know this.
I don't know if the lawsuit was without merit. I haven't seen or read all the evidence the Plaintiffs wanted to present. The PLCAA was used to immediately strike down the lawsuit before the merits were litigated. The judge should've just allowed the suit to move forward and let it fall for lack of merit, if that's the case. But that's not what happened here. The PLCAA was used to throw the suit out. And that's a shame.
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Why? Because it gives this ONE industry in our country immunity against law suits and
BlueCaliDem
Oct 2016
#27
Bullshit. What's not fair is that arms manufacturers are allowed to kill our kids with impunity
stone space
Oct 2016
#97
I would like to learn more about the "Arms manufacturings killing kids and crying like a victim."
Littlepawkitty
Oct 2016
#116
Even the virulently anti-gun WaPo owns up to a figure of 84 accidental deaths in 2015...
Eleanors38
Oct 2016
#143
The "doubt" about CDC research serves more as a tip-off to the gross slant an article takes...
Eleanors38
Oct 2016
#147
I'm not on trial here, pal. You don't get to do deposition here with me. Awful, huh?
BlueCaliDem
Oct 2016
#48
Unless you've seen all the evidence that Plaintiff planned to introduce, neither you nor I can say
BlueCaliDem
Oct 2016
#75
False. Remington or any other gun seller is subject to product liability actions.
Eleanors38
Oct 2016
#114
Right depends on interpretation. the 2a only applied to a militia if it was needed to secure a free
Ohioblue22
Oct 2016
#100
It is rather clear that the Founders intended everyone to be "the militia"
discntnt_irny_srcsm
Oct 2016
#101
What is it you find funniest about children's bodies being pumped with bullets from an AR-15?
stone space
Oct 2016
#68
Fuck the NRA, fuck the PLCAA, and fuck the NRA's sexual predator candidate.
stone space
Oct 2016
#88
Significant numbers of people disagree with the NRA on their support of sexual assault.
stone space
Oct 2016
#96