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The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(7/9/2021)
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The law is not unconstitutional for the following reason:
It isolates federal laws that violate the 2nd Amendment. Article VI's supremacy clause stipulates that the Constitution and any laws that shall be made in pursuance thereof are the supreme law of the land. Federal laws that violate the Bill of Rights (or that implement controls in areas where there is no constitutionally delegated authority to do so) are not the supreme law of the land, by definition.
Since the state law specifies only that federal firearms laws that have no constitutional validation shall not be recognized in Missouri, it does not run afoul of the supremacy clause. |
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| QUOTES
TO REMEMBER |
| The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right. [Nunn vs. State, 1 Ga. (1 Kel.) 243, at 251 (1846)] |
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