On guns, Federal Law trumps State Law?

[Martinjmpr]

A rebellion that stops short of gun rights, which is the topic at hand. When was the last time you saw a state sue the Feds for denying a citizen of that state RKBA because he used MJ (MMJ or no)?

The state wouldn't sue (no standing) but an individual could. And as more states legalize MJ, sooner or later someone will and the courts will have to decide that.

There is no gray area here and anyone who says there is doesn't understand the law but it can change (schedule).

http://www.dea.gov/druginfo/ds.shtml



This scheduling makes it illegal use no matter what the state law says.

Unless you can cite an appellate court decision that supports that, what you just stated is an opinion, not a legal fact.

Of course the DEA, the ATF and the DOJ are going to say it's illegal. They have to, because they're the Federal government.

But they are not a legislature that writes laws, and they are not a court that interprets laws and says what the laws mean. They are executive branches, all of them. So until the issue of whether a state can legalize something that is federally illegal gets in front of a court with the proper jurisdiction, it actually is a gray area of the law.