Supreme Court Decision

rkl56119 · 07-11-2008, 06:23 PM

States have the right to make their laws more restrictive than Federal laws. That is one of the benefit of having a Federalist system. States however do not have the right to make laws differently from the Federal statutes.

If you look at the California law, it in itself, no way limits a person's right under the new interpretation from the Supreme Court under Heller, restrict ownership of a gun for home defense. California just applied a more stricter standard to home ownership but individuals are still able to own a gun despite restrictions. Heller only clarify that ownership of a 'handgun' is allowed for home defense.

Disclaimer: Just my personal opinion as a law student

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07-11-2008, 06:23 PM	#32
rkl56119 User Join Date: Jul 2008 Location: Houston, TX Posts: 13 Thanks: 0 Thanked 0 Times in 0 Posts	States have the right to make their laws more restrictive than Federal laws. That is one of the benefit of having a Federalist system. States however do not have the right to make laws differently from the Federal statutes. If you look at the California law, it in itself, no way limits a person's right under the new interpretation from the Supreme Court under Heller, restrict ownership of a gun for home defense. California just applied a more stricter standard to home ownership but individuals are still able to own a gun despite restrictions. Heller only clarify that ownership of a 'handgun' is allowed for home defense. Disclaimer: Just my personal opinion as a law student