Louisiana State Constituation vs Potential Federal AWB

Discussion in 'Legal and Activism' started by jcd390, Dec 19, 2012.

  1. jcd390

    jcd390 New Member

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    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?
     
  2. jcd390

    jcd390 New Member

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    Sorry title should be, Louisiana State Constitution vs. Potential Federal AWB.
     

  3. trip286

    trip286 New Member

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    I'm wondering too. It's a good question, and one that will personally several of us.
     
  4. krosskelt

    krosskelt New Member

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    Couldn't states just ignore federal law? Kinda like they have decided to do with pot?
     
  5. bluez

    bluez Well-Known Member

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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.. :)
     
  6. trip286

    trip286 New Member

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    I've heard of this federal law against ganja, but have never seen the text. Do you have a reference?

    You know I'm an aspiring writer? I'll be sure to mention you, and probably everyone else here if I write one.
     
  7. Kemosabe

    Kemosabe New Member

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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.
     
  8. Vikingdad

    Vikingdad New Member

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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.
     
  9. orangello

    orangello New Member

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    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).
     
  10. nicklarimore

    nicklarimore New Member

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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.
     
  11. krosskelt

    krosskelt New Member

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    I got my answer anyway. Unless the gun was 100% manufactured in the state transporting across lines would further your federal charges.
     
  12. krosskelt

    krosskelt New Member

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    I was just hoping if the pot heads got away with it why can't we.
     
  13. nicklarimore

    nicklarimore New Member

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    Lucky for me Doublestar who make modern sporting rifles and 1911s are in Winchester ,ky
     
  14. Vikingdad

    Vikingdad New Member

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    Federal decriminalization of marijuana is an important case for the gun rights movement. Keep your eyes open on that one. I also suggest supporting the potheads. Freedom is what is at risk regardless if it is guns, speech or what we put into our bodies.
     
  15. nicklarimore

    nicklarimore New Member

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  16. TankTop

    TankTop Well-Known Member Supporter

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    What about Colorado, it is a violation of the Colorado constitution to require registration of firearms? I'm sure registration will be listed in the proposed legislation.
     
  17. John_Deer

    John_Deer New Member

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    The federal government has busted enough marijuana dispensaries in CA to make the news. Has the fed done anything more than make the news? Not to my knowledge! I have not heard of any sweeping arrests or closures in an effort to destroy the CA marijuana industry.
     
  18. nicklarimore

    nicklarimore New Member

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    As far as I know state rights trumps the Feds
     
  19. krosskelt

    krosskelt New Member

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    That's what I'm saying. They are getting away with it, just mostly being hassled.
     
  20. orangello

    orangello New Member

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    I'm remembering something about La. tying up with the feds over the drinking age back in the day; IIRC, the feds got it upped to 21 by threatening to pull highway funding.