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Thread: Question regarding Federal/state Laws

  1. #1
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    Hello, I have a quick Question, Which should be easy I think I already know the answer but need to find out If its right.

    Does Federal law override State law?

    I'm thinking Yes, Thanks in advance for any replies.

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    Regular Member Dreamer's Avatar
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    It depends.

    If the federal law is less strict, then generally, state law prevails. (like with regards to firearms transport in your vehicle)

    If Federal law is MORE prohibitive, generally the Feds will claim jurisdictional prerogative. (like the Marijuana laws--CA says MedMari is perfectly legal, but the Feds still bust people who have it legally under CA law...)

    With regards to firearms, its a LOT less clear who has the upper hand. It depends on a number of things. Is it an NFA-related firearm? Is it being transported across state lines? Is it a sale/transfer-related situation? Does it involve a minor? The laws are so convoluted, byzantine, and numerous that there is no hard and fast answer to your question. Is it a handgun or a long gun? Is it an "antique" or antique reproduction?

    Specifics please?
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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    I apologize for not being more Specific, My ? is regarding to The Federal law prohibiting the sale of Handgun ammo to anyone under 21.
    I was reading the other day and find this "G.S. § 14-315,
    prohibits any person from selling, offering for sale, giving away,
    or in any way transferring to a person under the age of 18 any pistol cartridge."

    Ok So what I was trying to find out is if this says under the age of 18, why is it you have to be 21?
    Then I found this

    "18 U.S.C. § 922(b)(1) prohibits a Federal firearms licensee from selling or
    delivering a firearm or ammunition to a person under 18, and prohibits selling
    or delivering a firearm other than a shotgun or rifle, or ammunition other than
    for a shotgun or rifle, to any person under 21. Punishable by up to 5 years."

    So Would Federal Law 18 U.S.C. § 922(b)(1) Override the G.S. § 14-315, ?

    I do appreciate the reply.

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    I do have another ? that I was asked the other day

    How do you Legally drive through a school (Not stopping)
    Just driving through to get to where your going with a handgun in your car?

    Due to 18 U.S.C. § 922(q). Except as authorized, may not possess or discharge
    a firearm in a school zone. Punishable by up to 5 years Imprisonment.

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    Remember this too..., that:

    1. Federal Law only applies to Interstate Commerce, per United States Constitution Article 1 Section 8 Paragraph 4.

    2. State Law applies to anything that is solely Intrastate Commerce, that is to say... whatever is made in North Carolina and stays in North Carolina, for North Carolinians, is North Carolina's Business.

    This is what the whole 'Firearm Freedom Act' is all about.

    Check to see whether or not The North Carolina General Assembly has introduced this Bill, or anyhting similiar to it, in the 2010 North Carolina General Assembly Session.



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    Dreamer wrote:
    It depends.

    If the federal law is less strict, then generally, state law prevails. (like with regards to firearms transport in your vehicle)

    If Federal law is MORE prohibitive, generally the Feds will claim jurisdictional prerogative. (like the Marijuana laws--CA says MedMari is perfectly legal, but the Feds still bust people who have it legally under CA law...)

    With regards to firearms, its a LOT less clear who has the upper hand. It depends on a number of things. Is it an NFA-related firearm? Is it being transported across state lines? Is it a sale/transfer-related situation? Does it involve a minor? The laws are so convoluted, byzantine, and numerous that there is no hard and fast answer to your question. Is it a handgun or a long gun? Is it an "antique" or antique reproduction?

    Specifics please?
    Not to hijack the thread....but how does bolded work with 926A when traveling thru a state? Some states want "unloaded" to mean no ammo in a removed magazine...but 926A doesnt specify that much detail. Some states require ammo and firearm separate...again not mentioned in 926A.
    States don’t have rights. People do.

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    mrjam,

    If you are driving THROUGH a state, and not stopping, then FOPA applies. State and local transport laws ONLY apply if you stop for an extended time--but there are SPECIFIC provisions in FOPA that exclude brief stops for gas, meals, or "comfort".

    Being pulled over by the police for a traffic infraction, however, DOES NOT constitute you "stopping" with regards to FOPA coverage...

    The "no ammo in a magazine" rule that some states have is a little iffy. If you are traveling under the conditions of a FOPA transport, then magazines can be loaded, just not in the gun.

    The "separate containers" rule is another issue that many LEO's either choose to twist around, or are ignorant about. Nowhere in FOPA does it say that firearm and ammo have to be in separate containers. They must be "in a container" that is "not readily accessible from the passenger compartment". Like in your trunk, or in the back of an SUV.

    The whole purpose of FOPA was to over-ride strict state and local gun laws for travelers, and to prevent states like MD and NY from arresting people for legally transporting firearms during lawful interstate travel.

    Regardless of what the LEA's in such states believe, the fact remains that FOPA trumps their local laws. Period. End of discussion. Any local or state LEO who tries to enforce local laws in a FOPA transport situation is looking at a big fat lawsuit, and potentially a Federal suit as well...

    Perhaps I need to make a brochure with the exact wording of the FOPA codes that people can put in their gun cases when they travel. That would be VERY handy, and would let any out-of-line LEO know as soon as they opened your case that they were "on notice" and you know your rights, without having to say a word.

    Know the law.

    Travel Safe.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    hotrod8812 wrote:
    I do have another ? that I was asked the other day

    How do you Legally drive through a school (Not stopping)
    Just driving through to get to where your going with a handgun in your car?

    Due to 18 U.S.C. § 922(q). Except as authorized, may not possess or discharge
    a firearm in a school zone. Punishable by up to 5 years Imprisonment.
    If you have a CCP then you are allowed to transport through school zones. FWIW, I'm not sure how seriously NC takes it. There is absolutely no mention of it in the gun laws I have found. The first draft was deemed unconstitutional, I'm not sure that the second was has been tested.

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of
    the State or political subdivision requires that, before an individual obtains such a license, the law
    enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;


    http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

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    hotrod8812 wrote:
    I apologize for not being more Specific, My ? is regarding to The Federal law prohibiting the sale of Handgun ammo to anyone under 21.
    I was reading the other day and find this "G.S. § 14-315,
    prohibits any person from selling, offering for sale, giving away,
    or in any way transferring to a person under the age of 18 any pistol cartridge."

    Ok So what I was trying to find out is if this says under the age of 18, why is it you have to be 21?
    Then I found this

    "18 U.S.C. § 922(b)(1) prohibits a Federal firearms licensee from selling or
    delivering a firearm or ammunition to a person under 18, and prohibits selling
    or delivering a firearm other than a shotgun or rifle, or ammunition other than
    for a shotgun or rifle, to any person under 21. Punishable by up to 5 years."

    So Would Federal Law 18 U.S.C. § 922(b)(1) Override the G.S. § 14-315, ?

    I do appreciate the reply.
    Private sellers can sell to a person under 21. The regulation on selling to under 21 only applies to those who hold a FFL.

  10. #10
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    I was referring to ammo I understand you can purchase a handgun under 21 from a private person (Thats how I got my handgun)
    But you have to be 21 to buy ammo for it.

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