NJ/NRA Supreme Court carry permits Dist. for Conf. 2/22/19 GO TEAM!

[bushmaster1313]

bottom line - state law can not conflict with federal law , but is allowed to be stricter than federal law - NJ has already been ruled in numerous courts that it restrictions are reasonable - I seriously doubt that it will happen in my lifetime -

bottom line - state law can not conflict with federal law

Correct. If there is a conflict between Federal ad State law the Federal law wins.

but is allowed to be stricter than federal law

I do not think you have this right. So long as not in conflict with Federal law, States can grant citizens more rights under a State Constitution and can interpret the US Constitution as granting more rights than under opinions of the Supreme Court. For example. The Supreme Court could rule that the US Constitution does not prohibit the United States, a State or a city from enforcing a law that bans purple paint on houses. A State Court, however could rule that a city ordinance banning purple house was in fact illegal under the United States Constitution.

 

[schutzen-jager]

look it up on line or any law journal - see quote from supreme court published rulings -


[ Until a law is actually ruled upon by the Supreme Court, a State Law can be unconstitutional. Seen it a dozen times in my lifetime.
Also, a State Law can be more stringent than a Federal Law if the State so desires but not less. ]

 

[Muss Muggins]

Actually, state law can be less stringent than federal law, and often is. Witness the many states now passing laws prohibiting those with domestic assault misdemeanor convictions from possessing firearms, when it has been illegal federally for many years. Witness the multiple states in which marijuana is now completely legal, yet it remains illegal federally. For many, many years, until 2008, Missouri state law only prohibited previously convicted felons from possessing concealable firearms. As one might imagine, this led to many conversations with nice ATFE agents beginning "My state probation officer told me I could have a rifle now . . ." Those conversations often ended months later with a federal prison sentence. . .

look it up on line or any law journal - see quote from supreme court published rulings -


[ Until a law is actually ruled upon by the Supreme Court, a State Law can be unconstitutional. Seen it a dozen times in my lifetime.
Also, a State Law can be more stringent than a Federal Law if the State so desires but not less. ]

 

[bushmaster1313]

State laws can be more strict in regulating guns so long as not unconstitutional under US Constitution

The Court opinions upholding New Jersey strict regulation of carry permits is good law until reversed by US Suprrme Court, which has never considered the issue

 

[schutzen-jager]

any power not specifically granted by the U.S. constitution is relegated to the individual states + territories - nowhere in the constitution are individual right to conceal weapons stated - state powers are covered under English common law [ which our constitution is based on ] - this has been covered in all Blackstone's writings + opinions + by numerous supreme court justices in the past 200+ years - NJ's law will not change without a complete change in it's political climate + it's system of politically appointed judges - NJ dropped the right to bears arms from it's constitution in late 1940's - sad situation but it has been like this since the 1920's - the NRA + state associations - have had little success in many years -