Question

Worried about a trend where people were bringing assault rifles into convenience stores and frightening customers, a city passes a law banning "open carry of guns in public places.

The state legislature passes a law declaring that open-carry protections apply to all locations. A federal law is passed banning open-carry in any circumstance. Assuming all laws are
constitutional, what would be the legal status of open-carrying for someone in the city?
O A.
open carry only in public places
O B.
open carry in all locations in the city
Ос.
no open carry anywhere in the city
O D. open carry in public except federal buildings (e.g., a mint)

Answer 1

The legal status of open-carrying for someone in the city would follow the federal law, which bans open-carry in any circumstance, making it illegal to open carry anywhere within the city.

Step-by-step explanation:

Given the conflict between city, state, and federal laws, the legal status of open-carrying for someone in the city would be governed by the federal law that bans open-carry in any circumstance. The supremacy of federal law over state law is established by the Supremacy Clause of the U.S. Constitution, which dictates that federal law is the 'supreme Law of the Land'. According to this doctrine, when a federal law directly conflicts with a state law, the state law is rendered invalid. In the hypothetical scenario provided, since a federal law has been passed banning open-carry outright, the individual in the city would not legally be able to open carry anywhere, as option C suggests. This outcome is reinforced by Supreme Court rulings in McDonald v. Chicago and District of Columbia v. Heller, which recognize individual Second Amendment rights but also affirm that these rights are not absolute and are subject to federal regulations.

Answer 2

C no carry anywhere in the city