Expert: Robert P. Firriolo - 3/7/2011

Question
How does the state constitution trump the federal constitution on the rights to bear arms when concerning a felony.

Answer
I do not think your question can be answered as phrased. State constitutions do not "trump" the federal constitution. The United States Constitution is considered "the supreme law of the land" under the Supremacy Clause (Article VI, paragraph 2):

"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

State courts are thus required to follow federal law where there is conflicting state law, or when federal law conflicts with a state constitution.

The right to keep and bear arms is lost under federal law when somebody is convicted of a felony. Even if a given state constitution (or state law) does not take away the right for a convicted felon, the federal law would still apply, and it would be a federal felony for that person to possess firearms or ammunition.

Where the distinction may come into play is when the felon seeks to have his or her rights restored. If the conviction was in a state court, that state may expunge the felony, and then the person will not be prohibited under federal law. If the conviction was in a federal court, only the federal government may remove the disability.