with regards to The Gun Free School Zone Act.
OK we are aware of this:
Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The Constitution is the highest form of law in the American legal system. State judges are required to uphold it, even if state laws or Constitutions conflict with the clause.
NOW, the Federal Gun Free School Zone law states that the Gun Free School law: Subparagraph (A)does NOT apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the lawenforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
While NYS Penal Law states:
Section 265.01 Criminal possession of a weapon in the fourth degree
A person is guilty of criminal possession of a weapon in the fourth degree when:
(1) ...
(3) He knowingly has in his possession a rifle, shotgun or firearm in or upon a building or grounds, used for educational purposes, of any school, college or university, except the forestry lands, wherever located, owned and maintained by the State University of New York college of environmental science and forestry, without the written authorization of such educational institution; or ...
*******
NYS DEFINITELY has a license program for CCW that meets the criteria spelled out in the Federal Act.
SOO, an obvious direct conflict between a Federal LAW and a State law - would not the Federal Law trump the State Law? If Not, WHY NOT?
OK we are aware of this:
Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The Constitution is the highest form of law in the American legal system. State judges are required to uphold it, even if state laws or Constitutions conflict with the clause.
NOW, the Federal Gun Free School Zone law states that the Gun Free School law: Subparagraph (A)does NOT apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the lawenforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
While NYS Penal Law states:
Section 265.01 Criminal possession of a weapon in the fourth degree
A person is guilty of criminal possession of a weapon in the fourth degree when:
(1) ...
(3) He knowingly has in his possession a rifle, shotgun or firearm in or upon a building or grounds, used for educational purposes, of any school, college or university, except the forestry lands, wherever located, owned and maintained by the State University of New York college of environmental science and forestry, without the written authorization of such educational institution; or ...
*******
NYS DEFINITELY has a license program for CCW that meets the criteria spelled out in the Federal Act.
SOO, an obvious direct conflict between a Federal LAW and a State law - would not the Federal Law trump the State Law? If Not, WHY NOT?
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