Hi, NoFFL...
> that is an interesting analogy. Do you
> you have case names that I could pull
> up on Westlaw?
Sorry, no. Just aware of that because of the business and what out of state vendors were advertising (even if they had no in-state presence like an office, etc.)
> I have to say at this point I don't believe
> it. But the idea that a private person can
> be punished (or in your example sued and
> then then the judgement collected) by a
> state other than where he is physically
> present WITHOUT the state invoking a federal > staute seems impossible.
If you do biz, etc in a state - even if not physically present - then you're subject to such state laws. Calif can't stop you from owning a hicap mag in NV. But they can stop you from sending it to CA - or at least prosecute you for doing so.
Of course not a lawyer but even if there were no criminal violation, there still could be a civil lawsuit for, at minimum, cease & esist. Do you think CDNN & Tapco won't sell mailorder hicap mags to CA because they love Grey Davis & Don Perata? Or because, out of the goodness of their hearts, "... it's for the children?" It's not even about them avoiding legal entanglements & court time: they can bust you, and states are bound (by agreement/compact) to honor each other's arrest warrants. [Although if it's minor - like traffic - nobody may wanna pay to haul you back.]
> If it was possible, why aren't the states
> with strict obscenity laws suing webmasters
> whose site is accessible to citizens of that > state?
Already happened! A Fremont, CA couple was busted by some hick Bible-thumper prosecutor in Tennesee (?) because a TN resident could dial in to their BBS [before the web was a daily use thing] where 'offensive' material was ept,
'violating' community standards. Made the news. Can't remember outcome, appeal, etc. Think they got sent to the hoosegow for awhile.
It's a lost cause now though because of the number of sites on the web.
> What I was looking for is a federal law
> that these sellers invoke or is this just
> a case of voluntary cooperation with "gun
> grabbers"?
Not a federal law. Agreement between states; states honor each other's laws - not internally, of course, but certainly externally.
Guns are a very very very minimal thing here; these compacts have existed for years.
Even with mail order sales - theoreically the Calif buyer is supposed to file papers to pay sales tax for outta state purchases from sales tax-free states. Tremendous burden to do so, and there was a massive outcry from mail order vendors so that's on the shelf for now...
-Bill
San Mateo, CA
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