Why do State gun laws supersede the US Constitution?

Answer 1

At one time many many Americans owned firearms. Even those who committed a crime and went to prison then released would have their firearms return. Those days you did your time and were released. They did not differentiate from felony or misdemeanor. It was a simpler time when "We The People" were not burdened by an ever growing oppressive government/police state which it has become today.

This answer is surrounded in the mist's of judicial purview and state legislative acts of most states. Lawyers and judges will deny a felon has a right to even possess a firearm and will state many state or commonwealth codes to defend it. "They will even try to do it with treaties as president Obama would like to sign with Mexico. Trust me keep up with current events." But the 2nd Amendment trumps all those little laws they slip in time from time to take away peoples rights.


Is that Legal to make such laws? No it is not! It doesn't require a law degree to know your rights! It subverts the Supreme Law of the Land but you better have millions of dollars to fight it in the US Supreme Court.


When the states ratified the US Constitution they in agreement must also obey the US Constitution as written. As Written and intent. Not what we so liberally interpret 200 years later. They made a pact with the Federal Government that will follow these rules as long as the federal Government didnt try to imposes its Will (Like it is today and for the last 100 years).

The US Constitution has an Amendment called the 2nd Amendment and it states firmly the following

"A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."

1) The public militia is not the Nationl Guard. The national guard came into being in 1903 with the Militia Act of 1903. Established under Title 10 and Title 32 of the U.S. Code

(b) The classes of the militia are-

(1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

and

The People. and it says "Right" not privlege, thus it is immune. An immunity clause for you lawyers.


While many federal and states argue over this important amendment it does not stop a person from lawfully owning a firearm. It never ever stipulated this. It does give an idea on who cannot have a firearm and when.

A person cannot own or possess a firearm under the following conditions in the USA.

1) Imprisoned: for an offense, the offender cannot have access to a firearm.
2) Slavery: When the individual is enslaved they may also not have to access to a firearm.
3) Involuntary Servitude: Which is number 1 just above. AKA prison.


Thirteenth Amendment states the following.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have the power to enforce this article by appropriate legislation.

The US Constitution supersedes all states Constitutions accept on the grounds of the 10th Amendment.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."



The 14th Amendment guarantees a US Citizen this.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


"Your Rights are not privileges they are Immunities. But the lawyers will say otherwise because it is profitable for them."

While you may will find many liberal minded individuals disagree with my explination, it is quite sound. It is Constitutional Law and not Case Law. It is Federal Law thus not Sttate or Common Law. You will also find that several state Constitutions also send a simliar message.

All US Citizens are entitled to own and possess a firearm. A state cannot infringe on the Amendment as defined by our founding fathers. Or for some who read this -their framers- but you will see consistent attacks on this RIGHT. It is also possible to repeal the 2nd Amendment and to change it. But this of course will cause 60 million firearm owners to dissolved the United States.


I'msorry I was long in this because I am one of those who believes all American Citzens have the right to carry, own, and bear arms regardless of criminal convictions. I believe millions of others believe as I do what i just posted for you.


The Answer to your question is thus: They Can't and the ones that do are Unconstitutional by the definition of the 2nd Amendment. No Lawyer needed for you to know your rights.

Read the Constitution and your State Constitution and be wary of the recent changes in most State Constitutions as they are revising them all the time. Educate yourself against the Tyrants.