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No..., Federal Lawsdo not Preempt State Laws!
Federal Laws only control, if and only if, the subject matter is: 1. InterState Commerce between several of the States,2. Foreign Commerce between The United States of America and any other Country,3. The United States Constitution specifically grants the Authority to Congress on the subject matter under Article 1 Section 8, 4.The Property is Federal Property, or 5. You are in, or, or within a The United States Capitol of Washington D.C./Federal Protecterates/Federal Terrotories.
Therefore, New Hampshire Law controls whenever thereis a Conflict between Federal and State Law, as it pertains to New Hampshire, unless; The United States Federal Government can prove one of the exceptions listed above 1-5.
Since this sitepertains to Firearm-related issues, and specifally Open Carry, I will explain the circumstances surronding the instance as it pertains to New Hampshire.
New Hampshire can haveANY Firearm-related Law that New Hampshire wishes to have. If the Federal Government does not like it..., then, they have to prove one of the exceptions 1-5, as listed above,to override New Hampshires' Firearm Law.
Here is an example..., although The ATF and The Brady Bunch would have you to believe otherwise:
1. Federal Law 18 U.S.C. 922(q) says that one may not have a Firearm in, on, or within a 1000 feet of any School.
2. Sounds great..., but, NewHampshire does not have to enforce it!
3. The Federal Government can get mad at New Hampshire and take away New Hampshire's cut of the Public Safety Dollars from the Fiscal Federal Budget.
4. If The United States insists on the enforcement of the above citied Law, then, they have to prove one of the 5 exceptions listed above, whereby givingThe Federal Governmental Authorities the Legal Jurisdiction to enforce the above citiedFederal Law.
5. Simply put, an ATF Agent comes along and sees you with a Firearm within 1000 feet of a School, aViolation of FederalLaw. His best bet is to look at the Firearm to see where itis made in an attempt to get the evidence He needs to prove that the Firearm in question has crossed several State-lines. -OR- he hopes you happen to be on Federal Property or just brought it from Canada.
You see...
New Hampshire Lawoverrides Federal Law onEVERYTHING that The Constitution of The United States of America does not specifically grant to The United States Federal Government.
One has to read Article 1 Section 8 to get the list of things that Congress ahs the power toControl..., but some of the big ones are: 1. Right ot create and maintain Post Offices and Postal Raods, 2. Right to create an Army and Navy, withcertain bi-annual Fiscal appropiational restricitons, 3. Right to make uniform the Laws of Naturalization and Immigration/Emmigration, 4. Right ot coin Money, except Gold and Silver Coinage that is reseerved to The States, 5. Rightto set Uniform Weights and Measures..., etc.
Nowhere under Article 1 Section 8 does it say that Congress may Regulate Firearms, which is something thatOUR FOREFATHERS gave to the People as a Right. In fact, the phrase, '...the Right of People...', is only used in The United States Constitution six times, I believe, and everytime it guarentees your Rights.
Rights, unlike privledges, can not be takenaway.
P.S.: I trust that the upcoming United States Supreme Court Case Ruling will set precedent of amassive undertaking to restore the original intent of The Second Amendment. Wewill know the Official Ruling before the end of the Month, hopefully.