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Thread: How can county, city or state law trump the US Constitution ?

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    How can county, city or state law trump the US Constitution ?

    I need someone smarter than me to explain this to me. I currently live in Florida where open carry is prohibited (unless while camping, fishing, etc.).

    The US Constitution clearly says I have the right to bear arms. The term "bear' means to have and show. Why can counties, cities, or states have the right to change the Constitution?

    Matt

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    Bear does not mean "have and show." Do not fall prey to the dictionary fallacy of selecting persuasive definitions.

    Political subdivisions enjoy rebuttable home rule due to the various toothless pre emtions.
    I am responsible for my writing, not your understanding of it.

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    Regular Member OC for ME's Avatar
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    Good question and welcome to OCDO.

    The answer to your question resides in the FL legislature. The FL sub-forum will have those who are far more knowledgeable on the efforts to rectify the issue you raise.

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    You're preaching to the choir brother

    Unfortunately the supreme court allows states to restrict gun rights, and they are the new US Constitution as far as anyone with a legislative pen or a badge is concerned.

    I'm going to Orlando next week, so I already looked this up:

    Florida Constitution
    Article I SEC 8
    The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

    Florida's constitution grants it a right to regulate the manner in which you bare arms.

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    Quote Originally Posted by rickyray9 View Post
    Florida's constitution grants it a right to regulate the manner in which you bare arms.
    Bear arms are much more fearsome than bare arms. Manchelle Obama bares her arms. A bear's arms are covered in hair and not bare.
    Last edited by Nightmare; 06-05-2013 at 01:29 PM.
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    Regular Member tomrkba's Avatar
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    The state constitution is the driver in the states. SCOTUS ruled that the Second Amendment does not affect state action up until Heller 2008. As I understand it, all that does is reach into the states under limited circumstances. The gist is that DC, Federal territories, lands, military bases, etc were controlled by the Federal Second Amendment and the state constitutions control the areas within the states not included under the Federal umbrella.
    Last edited by tomrkba; 06-05-2013 at 01:34 PM.

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    Quote Originally Posted by rickyray9 View Post
    You're preaching to the choir brother
    .
    +1 Amen ....

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    Quote Originally Posted by P-51Mustang View Post
    I need someone smarter than me to explain this to me. I currently live in Florida where open carry is prohibited (unless while camping, fishing, etc.).

    The US Constitution clearly says I have the right to bear arms. The term "bear' means to have and show. Why can counties, cities, or states have the right to change the Constitution?

    Matt
    State law (and, depending on the individual State constitution, city and county laws) routinely trump the Constitution. We are not top-down. Power is supposed to emanate from the People through the States to the federal government. We are not a model whereby power devolves downward from the national government. We don't have a national government. At least we aren't supposed to.

    The only authority of the federal government that trumps State authority are the specific powers delegated to the federal government by the States who created it and remain (or should remain) sovereign over it. There are 18 of those powers and they are explicitly listed in the Constitution.

    You may well have a point that laws against OC in Florida violate the 2A. However, courts are just now coming around to the idea that the 2A is a restriction on all levels of government, not just the feds. The latest ruling, in Illinois, says that the State must allow some form of carry to be in compliance with the 2A. However, as yet, there is not federal court ruling that OC is the means of carry protected by the 2A. IMO, it is. And, IMO, the 2A applies to all levels of government, not because of incorporation or equal protection or any of the other lofty arguments, but because of the way the 2A is written. The 1A was clearly targeted at the federal government by the words, "Congress shall make no law..." The 2A uses the far more broad words, "shall not be infringed." IMO, this binds the federal government created by the Constitution, and it binds the signatories to the Constitution, the States.

    Some States do have State court rulings that recognize OC as the right to bear arms, for example, Alabama.

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