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California became the fifth state to prohibit openly carrying handguns in public after Gov. Jerry Brown announced Monday that he had signed the ban into law late Sunday night amid heavy opposition from gun enthusiasts.
AB144 by state Assemblyman Anthony Portantino, D-Pasadena, makes it a misdemeanor to carry an exposed and unloaded gun in public or in vehicles, with violators facing up to a year in prison or a potential fine of $1,000 when the law takes effect on Jan 1.
^^ From OP article
“By prohibiting the open carry of guns, we can now take our families to the park or out to eat without the worry of getting shot by some untrained, unscreened, self-appointed vigilante,” Dallas Stout, president of the California chapters of the Brady Campaign to Prevent Gun Violence, said in a statement.
Originally posted by projectvxn
reply to post by dr_strangecraft
That's not true. The Supremacy clause trumps state laws. States cannot violate the Constitution.
Article VI, Clause 2 of the United States Constitution, known as Supremacy of National Law , establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. (Note that the word "shall" is used, which makes it a necessity, a compulsion.) However, the Supremacy Clause only applies if the federal government is acting in pursuit of its constitutionally authorized powers, as noted by the phrase "in pursuance thereof" in the actual text of the Supremacy Clause itself.
That's called the Tenth Amendment.
Originally posted by dr_strangecraft
Even though the 1st amendment guarantees you the right to free speech, a state or local government can put limits on your speech.
Likewise, the 2nd amendment can be limited by smaller level governments; "gun-free zones," limiting concealed carry, etc.
If your logic held, then no state could outlaw the carrying a gun into the liquor store.