Since WHEN does a state law over ride the Constitution ?
This needs to start it’s way to the SCOTUS.
So, let’s see, states should now be able to pass laws restricting a woman’s Constitutional right to “choose” in any way they see fit, right?
States should now be able to pass laws that govern political speech, and they should be able to pass any method of execution that they see fit, including medieval methods, right?
Go Trump 2016!!
They’ve had a Republican Governor for at least six years now and he even had the audacity to run for President on the Republican ticket. Has he even tried to change the current state law?
Paging Governor Donut.
L
NJ law certainly does not supersede the constitution but I believe there is a valid state interest here. The Boston colony and a number of the original 13 had a laundry list of crimes that could result in temporary disarmament. Domestic abuse seems as good a situation as any for keeping guns out of the picture.
This is really only one of two valid reasons for having a fedogv.
To prevent states depriving citizens of constitutionally guaranteed rights.
The second is national military protection.
There is a third I forgot.
To settle disputes between the states.
“These eight articles I have shown never were limitations upon the power of the States, until made so by the fourteenth amendment.” — John Bingham, Appendix to the Congressional Globe
See the 2nd Amendment in the top half of the middle column of that page.
If I understand correctly, since the charges against the man were dropped, by refusing to return the man’s guns New Jersey is violating Section 1 of 14A with respect to 2A imo.
14th Amendment, 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 [emphasis added]; 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.
The man probably doesn’t know his 14th Amendment protections which, as with other relatively recent victims of politically correct state overreach, doesn’t help his situation if that is the case.
Just think, there were a smattering of FReepers that thought he was a somewhat viable presidential candidate.
All Laws and Regulations which are antithetical to the Supreme Law of the Land, are null and void.
You have the DUTY to disobey unjust (evil) laws that treat us like “subjects” and take away our Natural Rights from God which is impossible. (Natural Rights are unalienable—can’t even give them away if you want.
All judges who forsake their duty to promote Freedom/Natural Rights according to our Constitution, need to be put in prison and stripped of their office.
The court is wrong.
Sounds like a great case to take to court during normal times. But not in O’s America with his Jerry rigged Supreme Court setup to rule in the leftists’s favor every time now since they got rid of Scalia...
So do state laws over ride immigaytion law?
Reading through the replies here, I’m a bit surprised at how many of us don’t yet realize that we are a nation of men, not laws (and have been for many years now)...
While Vinogradsky might be a jerk and have family issues, the charges were dismissed and he was NEVER convicted of anything. I ignore the hollow point and hi-capacity charges. Anyway, what gives the state the right to override the US Constitution?
My advice, move
New Jersey must be one of the most beautiful places on Earth for so many people to live there, I spite of their lack of freedom and dictatorial government.
Who are the Judges?