18 U.S.C. § 927 — Effect on State law
submitted 58 years ago by Pub. L. 90-351 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 69 words · no verdicts yet
This chapter does not automatically replace state law on the same subject. State law stays valid unless it directly conflicts with this chapter. A conflict exists only if the two laws cannot both be followed at once.
This section explains how this chapter relates to state* law on the same topic. Congress says this chapter does not automatically take over the whole subject. Passing this chapter does not wipe out state law on the same topic. States can still have their own laws on the subject. State law stays in effect alongside this chapter. There is only one exception. If a state law directly and positively conflicts with a provision of this chapter, that conflict matters. A "direct and positive conflict" means the two laws cannot be reconciled or stand together. In plain terms, it must be impossible to follow both laws at the same time. If both laws can be followed together, there is no conflict, and both apply. Courts should not assume this chapter is meant to shut out all state law on the subject. Instead, this chapter and state law are meant to work side by side wherever that is possible. Only when following both at once is truly impossible does this chapter override the state rule on that specific point.
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No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State* on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.
Source credit: (Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 234; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1226.)
- 1968Enacted · Pub. L. 90-351 · 82 Stat. 234
- 1968Amended · Pub. L. 90-618 · 82 Stat. 1226
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