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Posted: 9/8/2004 6:12:07 AM EDT
I don't understand the legality of these state instituted Assault Weapons Bans? More so, after the federal law sunsets? I thought that federal law superceeds state laws? Especially a law defined under the constitution? Can anyone elaborate on this as I'm very confused....
Link Posted: 9/8/2004 6:25:16 AM EDT
The federal law does not affect state laws in any way.

The privileges and immunities clause of the 14th amendment applies some other rights in the BOR to the states - something known as "incorporation". However, according to the courts the 2nd amendment is not subject to the inrorporation theory like the 1st, 4th and 8th amendments. Essentially, they made an exception. States cannot pass laws establishing an official religion or sentencing people to be flogged in public, but they can infringe the right to arms all they want.
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