Legal Question in Constitutional Law in Vermont

The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws. It also divides the militia into three distinct and separate entities. IS THIS LAW OR NOT


Asked on 10/22/12, 3:49 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The Dick Act, which is also called the Militia Act of 1903 (the name you cite is not correct), dealt with the structure of the National Guard. It did not invalidate gun-control laws.

The Act is just legislation and not a constitutional amendment. In the federal government, legislation cannot forbid other legislation in the future. If a law is passed today that contradicts a law passed years ago, then the new law prevails. Only a constitutional amendment -- or a Supreme Court opinion interpreting the existing text of the Constitution -- could bar particular types of future legislation.

Federal legislation does trump contrary state laws, so if Congress and the President ever forbid gun-control laws at the state level then those laws will have to yield. (It's possible that such a federal law would be unconstitutional, but that would depend upon precisely what it says.)

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Answered on 10/22/12, 11:55 am


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