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Old October 26, 2009, 07:55 PM   #23
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,700
Originally Posted by Thomme
...but if something's illegal under federal law, how can it be legal under state laws?...
It's an interesting artifact of our federal system and the constant tension between state rights and federal power.

There is nothing in general preventing a state from making something legal which is illegal under federal law. The net effect is that you won't get arrested by the city police or county sheriff, and you won't be tried in a state court and you won't go to state prison. Instead, you'll be arrested by the FBI or DEA, tried in federal court and sent to a federal prison.

Originally Posted by Thomme
...It sounds EXACTLY like the 2nd amendment to me, only opposite. How can handguns and firearms be illegal and banned in certain jurisdiction, but it's unconstitutional to do so?...
Well, the devil is in the details. There's been a lot of discussion on those issues, here and on other board; and you may find it interesting and useful to study the matter more closely. And of course, dealing with these sorts of conundrums is what we have courts for.
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