Arizona Senate Committee Passes Bill to Nullify Federal Gun Laws [More]Sounds good, doesn't it?
Except our friends at Nevada Firearms Coalition just issued an email caution:
Even if this sounds great on the surface, IF your legislature has included federal law under the state law, they become state law, and the nullification is moot unless they go into the state law and amend those parts out. For instance in NV, the definition of a handgun is
“3. “Handgun” has the meaning ascribed to it in 18 U.S.C. § 921(a)(29).”
This laziness of the law writers has two negative effects. 1. It makes federal law state law 2. If the federal law changes, the meaning and intent of state law changes.
NVFAC is recommending against any wording in proposed laws that references USC. We are asking lawmakers to use the wording within the code they like and DO NOT cite the actual code.
So AZ and other states, check your statutes and if they have cited federal code, your law to nullify federal gun laws is ineffective.
Of course, if you do “nullify” federal gun law, or at least prohibit state actors from doing so, you can also inadvertently put an end to Title 2 firearm transfers requiring a CLEO sign off and not all states recognize NFA trusts.
ReplyDeleteIf you’re nullifying federal law, does that also include FOPA ? So now a state no long has to grant safe transport...
hmm, it’s a little more complicated than NFC says now isn’t it?