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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 |
| As an individual, I believe, very strongly, that handguns should be banned and that there should be stringent, effective control of other firearms. However, as a judge, I know full well that the question of whether handguns can be sold is a political one, not an issue of products liability law, and that this is a matter for the legislatures, not the courts. The unconventional theories advanced in this case (and others) are totally without merit, a misuse of products liability laws. — Judge Buchmeyer, Patterson v. Gesellschaft, 1206 F.Supp. 1206, 1216 (N.D. Tex. 1985) |
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