ahh i see, i would think Us V Dapaquier already settled this matter? guess i was wrong.
how does that work? isn't there some kind of rule that doesn't allow 1 judgement to contradict the other?why does the caron judgement trump the dapaquier?United States v. Dupaquier was ruled on in 1996. Caron v. United States, 524 U.S. 308 (1998) came after that. Had the Caron v. United States ruling arrived prior to Dupaquier, the outcome regarding firearms would certainly not been in his favor.
how does that work? isn't there some kind of rule that doesn't allow 1 judgement to contradict the other?why does the caron judgement trump the dapaquier?
but the caron case didn't come first and the ruling was that he was legal.so if their just able to jump over each other's heads on on judgments how are we suposed to trust any judgments that that they make??I am not a lawyer, judge, or politician so I'm not formally trained on all of the ins-and-outs of the legal system (are they?). What I can tell you is that previous cases are used as reference or precedent in virtually every ruling.
If the Caron ruling came first, the prosecution would have used it to infer that Dapaquier was in violation of Federal law since the Louisiana CHP restriction activates the Gun Control Act's unless clause. The ruling in Dupaquier could have also taken the opposite approach. The court could have opined that Caron v. United States does not address optional, non-right based possession statutes and that the prosecutions inference was an overly broad interpretation.
either way i tyvm for your time and knowledge, guess i'll just have to try my luck and see how it turns out,if necessary guess i may just have to hire a lawyer to handle the matter,sounds to me they just make up the rules as they go.......(which is no big suprise from our government).
ok thx again you have been very helpfulI suggest you seek out an attorney familiar with Louisiana law and the second amendment. Possibly an attorney familiar with State-Federal law conflicts. The complexity of this issue is difficult to explain without sorting through State, Federal, and opinion[1] laws.
[1] I'm referring to court opinions such as Caron v. United States where new laws are effectively created; or law´ (prime) if you will. There may be a name for this, or it may just be considered "clarification."