Who trumps who?

**SpringFieldTactical** · March 4th, 2010, 11:45 AM

Hey, i was talking with user Nic about the law that states you cannot carry on school grounds, for k-12 schools. He told me to post this as a new thread because of something i found:

i found a pamphlet that is sent out my the PSP, regarding FEDERAL laws about carrying on school grounds/in a school zone.

http://www.guntrustlawyer.com/PA%20firearms2006_Dec.pdf

now, whose laws trump who? are state laws viewed over federal laws, or vice versa?

this is the excerpt that i would read as you can as long as you have a LTCF

"The firearm is possessed by an individual that 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 law enforcement authorities of
the State or political subdivision verify that the individual
is qualified under law to receive the license (e.g. a Pennsylvania
carry permit with respect to a school zone in Pennsylvania);"

any thoughts?

**Statkowski** · March 4th, 2010, 11:51 AM

Federal law does not "trump" state law (so says the US Supreme Court). The Court recognizes "joint jurisdiction" in some cases, but much more beyond that would invoke a 10th Amendment violation.

Has anybody ever been prosecuted under the federal law? Unless the prosecution was tacked on to other charges, I think not.

Who would enforce a so-called "federal" violation? I doubt a state or local cop would.

The first federal gun-free zone law was ruled unconstitutional. Its replacement, with virtually identical wording, has not yet been tested in court.

**Pa. Patriot** · March 4th, 2010, 11:52 AM

In this case there is no issue of one law "trumping" another.
You must abide by BOTH laws.

**CHEMICAL** · March 4th, 2010, 11:56 AM

I posted this same thing a while back and the answer made sense, it appears to be written in plain text but you'd be surprised....I'll see if I can find it in one of the hundred or so threads on this issue.......