View Single Post
Old March 9, 2014, 03:57 PM   #2
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,920
Quote:
Originally Posted by TomNJVA
...Can States add such additional restrictions to Federal law? In cases of such conflict, who prevails?
Often they can add such restrictions, and there's no easy answer as to which rule will prevail. That can often be a knotty problem for a court.

I'm afraid that federal preemption and choice of law (where the laws of multiple jurisdictions could be applicable) is a complex subject.

For example, if the particular issue addressed by the state law is also addressed by the federal law, there's the question of whether the particular federal law was intended to "occupy the field", i. e., be the final word on the subject. In that case the federal law preempts the state law and applies instead of the state law.

On the other hand, if a court decides that the federal law did not reflect an intent to occupy the field, in order to decide if federal law or state law applies a court will need to decide if the state law is consistent with a federal policy concern or would, on the other hand, frustrate the federal policy furthered by the law.

You could challenge the Virginia rule in court, but that would be expensive and not an automatic win. On the other hand, you might be able to get a Virginia ID card (if they offer one) without giving up your New Jersey DL. Or could yu get a Virginia CCW (and does it include a photo)?
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
 
Page generated in 0.04403 seconds with 7 queries