Federal vs. state law (Read 3582 times)

bryanhayn

Federal vs. state law
« on: December 04, 2012, 08:11:58 PM »
Why is it that federal law trumps state law when it comes to drugs (for example, federal raids on marijuana dispensaries in California) but state law trumps federal law when it comes to firearms?  :wtf:
« Last Edit: December 04, 2012, 08:32:43 PM by bryanhayn »

TeamMidori

Federal vs. state law
« Reply #1 on: December 04, 2012, 08:24:16 PM »
Hawaii and 2nd amendment?

bryanhayn

Re: Federal vs. state law
« Reply #2 on: December 04, 2012, 08:33:14 PM »
Hawaii and 2nd amendment?

Yah, kinda...see above.

TeamMidori

Federal vs. state law
« Reply #3 on: December 04, 2012, 09:29:59 PM »
I'm not exactly sure but it's something like state regulations cannot be less restrictive than federal law but can be more. Something like that. I jus remember reading that someplace long ago so take it with a grain of salt. I may actually have remembered it wrong. But anyway, with mmj, the states which have the mmj program are basically less restrictive (feds say no medical use at all) so the feds jump in and say no no no.

Someone please correct me. I'm a idiot when it comes to legal crap. I shouldn't even be posting. Hahah.

Sorry for any disinformation if I am wrong.

K30l4

Federal vs. state law
« Reply #4 on: December 04, 2012, 11:39:24 PM »
Did you just watch "Super High Me"? That question is in relation to the story line of that documentary. Worth watching if you haven't seen it.

Funtimes

Re: Federal vs. state law
« Reply #5 on: December 05, 2012, 04:09:50 AM »
It doesn't really, not in terms of rights afforded to the constitution. Federal law trumps due to the Supremacy clause; now, State law could give more freedom (like Hawaii does under the Fourth Amendment), but not less. 

For things like drugs, federal law wins, and state law could be more restrictive.  You kind of have to separate rights from laws.   Laws can be more restrictive, rights can be expanded more.
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TeamMidori

Federal vs. state law
« Reply #6 on: December 05, 2012, 06:29:05 AM »
There^^^ thanks!

Jared

Re: Federal vs. state law
« Reply #7 on: December 27, 2012, 09:57:32 PM »
Why is it that federal law trumps state law when it comes to drugs (for example, federal raids on marijuana dispensaries in California) but state law trumps federal law when it comes to firearms?  :wtf:

Federal law preempts state law when there is a conflict. LEOSA  and FOPA (interstate transport) is a good example of this. It's been a while since I looked at Title 18 (where many federal gun laws can be found) but if I recall, there is a section in there that says nothing in Title 18 shall supersede state law unless specifically stated otherwise.

States can also "grant" rights that are not present in the Federal Constitution. For example, Michigan, Oregon, and Washington have a stronger version of the 4th Amendment than the Federal Government. That's why in these three states, roadblocks (checkpoints) are unconstitutional.

pastordennis

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Re: Federal vs. state law
« Reply #8 on: December 28, 2012, 07:58:42 AM »
Eh funtimes....smart bugga eh you! Your still a buzzard :):):)
Pastor Dennis