Louisiana State Constituation vs Potential Federal AWB


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Old 12-19-2012, 02:30 PM   #1
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Default Louisiana State Constituation vs Potential Federal AWB

So I have a question about the new Louisiana gun law that states "The right of each citizen to keep and bear arms is fundamental and shall not be infringed. Any restriction on this right shall be subject to strict scrutiny.”

Would the State Constitution protect Louisiana citizens from any AWB that the federal government would try to pass?



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Old 12-19-2012, 02:56 PM   #2
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Sorry title should be, Louisiana State Constitution vs. Potential Federal AWB.



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Old 12-19-2012, 04:37 PM   #3
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I'm wondering too. It's a good question, and one that will personally several of us.

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Old 12-19-2012, 05:55 PM   #4
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Couldn't states just ignore federal law? Kinda like they have decided to do with pot?

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Old 12-19-2012, 06:06 PM   #5
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I am just waiting for the first governor to arrest ATF Agents that are arresting citizens, guilty of nothing bur exercising their 2nd Amendment righst.

Think it wont happen?
Think again.

I know for a fact a Nat'l Guard Company Commander having thought about what to do in such an event.

No matter how much ATF or FBI Agents show up.. I'd like to see them stand up to a National Guard Company... it wont be pretty .

Will it even take a governors order?

Maybe not, there have been precendents set of Nat'l Guard Companies self-activating during hurricanes w/o waiting for the word form State,

Could this be the plot on an intertesting book? Maybe..

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Old 12-19-2012, 07:11 PM   #6
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Quote:
Originally Posted by krosskelt View Post
Couldn't states just ignore federal law? Kinda like they have decided to do with pot?
I've heard of this federal law against ganja, but have never seen the text. Do you have a reference?

Quote:
Originally Posted by bluez View Post
I am just waiting for the first governor to arrest ATF Agents that are arresting citizens, guilty of nothing bur exercising their 2nd Amendment righst.

Think it wont happen?
Think again.

I know for a fact a Nat'l Guard Company Commander having thought about what to do in such an event.

No matter how much ATF or FBI Agents show up.. I'd like to see them stand up to a National Guard Company... it wont be pretty .

Will it even take a governors order?

Maybe not, there have been precendents set of Nat'l Guard Companies self-activating during hurricanes w/o waiting for the word form State,

Could this be the plot on an intertesting book? Maybe..
You know I'm an aspiring writer? I'll be sure to mention you, and probably everyone else here if I write one.
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Old 12-19-2012, 07:30 PM   #7
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To the best of my knowledge and if there are laws in place, federal trumps state, and state trumps county, and county trumps city.

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Old 12-19-2012, 07:36 PM   #8
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With the laws on marijuana the feds have and will raid the dispensaries flying in the face of state laws. Federal laws supersede state laws, so yes, the feds could enforce a stricter federal law.

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Old 12-19-2012, 07:40 PM   #9
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Quote:
Originally Posted by Kemosabe View Post
To the best of my knowledge and if there are laws in place, federal trumps state, and state trumps county, and county trumps city.
I've often wondered about city vs. county; the nearest town is "wet" but is located in a "dry" county, alcohol-wise. Another nearby town in the same county is "wet" for liquor but not beer (town's name = Soso).
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Old 12-19-2012, 07:41 PM   #10
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Here is what the KY Constitution has to say about it:

Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.

Text as Ratified on: August 3, 1891, and revised September 28, 1891.
History: Not yet amended.


And furthermore:

To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.

Text as Ratified on: August 3, 1891, and revised September 28, 1891.
History: Not yet amended.



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