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Page Hometown » Iowa
Posted: 3/26/2019 6:29:41 AM EDT
[Last Edit: 3/26/2019 6:46:07 AM EDT by KClapp]
It seems marijuana is bound to be legalized by each state legislature. If this can be done, then why can't the NFA be ignored by the states and they legalize ownership of NFA weapons without the tax and paperwork? It is really unclear to me how a state can legalize a drug that is illegal at the federal level. I understand the difference between a drug and a weapon, but it is still federal vs. state law, isn't it? Any clarification on this would be most appreciated.
Link Posted: 3/26/2019 2:11:59 PM EDT
Commenting just so I can see what input other people have on this. Very interesting thought...
Link Posted: 3/26/2019 5:18:05 PM EDT
Some states have passed laws making NFA items manufactured in state that lever leave the state exempt from NFA registry.

I think most have lost in court though. I know Kansas was pushing some legislation not long after I moved. I don't think it ever took off though.
Link Posted: 3/26/2019 8:01:44 PM EDT
Prosecutorial discretion. Marijuana good. Guns bad.
Link Posted: 3/29/2019 6:10:33 PM EDT
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Originally Posted By KO21outdoors:
Commenting just so I can see what input other people have on this. Very interesting thought...
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Kansas tried and it a couple of guys ended up at Club Fed.
Link Posted: 4/6/2019 11:59:31 PM EDT
It's a losing battle. Consider this thought...Bump stocks were considered a firearm accessory and they got banned...Can accessories be banned as long as it's not a firearm? Are silencers a firearm? Silencers are regulated by the NFA and if they were to be removed from the NFA ...would they suffer the same fate? Does the NFA somewhat offer a little protection to silencers from a ban? I own many and hate the $200 tax but feel like they are afforded more protection from being NFA regulated than not. What do you guys think?
Link Posted: 4/8/2019 9:44:27 PM EDT
When a state chooses not to criminalize a specific thing in state law it means that State Certified Police Officers have no authority to enforce that specific thing.
That does not mean that Federal Law Enforcement Officers can not enforce the Federal Law it just means that if a state officer ran across that thing he would call and refer it to a federal officer or ignore it because he has no arrest authority regarding that specific thing. Most states within their state law criminalize possession of NFA full auto firearms thereby giving state certified officers arrest authority for the violation of state law tried in state courts or it can be handed over to a Federal Agency like BATFE and they would prosecute it in Federal Court.
There are some quirky things about how the two systems work or fail to work. With the Fed system Federal Prosecutor may not consider moderate amounts of money loss to rise to the level of Federal Prosecution. They don't fool with the little stuff in regard to financial loss they go after the big fish. The flip side of the coin is don"t violate a Federal Migratory Game Bird Law or you may never again see the light of day.... Game Wardens (fish cops) live in a different world and take those violations very seriously, while scammers must steal tens of thousands to get anyones attention.
City Police will gladly take you to jail for shoplifting small value items. Quirky thing is Fed can pass a Law and Fed can only compel the State to comply if it is specifically listed in the Constitution.
Link Posted: 4/9/2019 6:05:58 PM EDT
[Last Edit: 4/9/2019 10:10:05 PM EDT by M3A1]
Those guys in Kansas got hemmed up. I believe there were some cases in Montana as well. I think they were the first state to pass such laws.

I lost interest because I thought it would be a much bigger deal amongst gun owners.

Recreational marijuana laws were gaining traction fast. This was during the era when the AG of the United States said it was ok to not follow laws you don’t believe are right.

The states passed laws and the feds let dopers break the law en masse and without repercussions.

Meanwhile we all sat around and fretted over JBTs, raids, and of course fellow busy body gun owners that would turn each other in without thinking twice.

Smoke yourself retarded, but don’t you dare bend some metal. Great job America!
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