Nope. If it's illegal by federal law, it's illegal everywhere in the U.S. States can NOT legalize actions or things that federal law prohibits.
The only thing that state laws "legalizing" drugs buys you is that if you are arrested and prosecuted for an offense it will be by the feds and not by state LE/courts.
You still have to check that you are an illegal drug user on the 4473, you are still a prohibited firearm possessor under federal law, etc.
Quote:
|
I _thought_ I'd read various SCOTUS decisions where they deal with the commerce clause in particular by determining whether there is a "nexus to" interstate commerce. I further thought I recalled reading about a decision related to firearms in particular?) wherein SCOTUS' reasoning went along the lines of... well, all the materials and machinery used to make said firearm came to that state in interstate commerce, and having huge in-state-only manufacturing and sales definitely significantly impacts interstate commerce, so there's the nexus to interstate commerce and thus the authority for the federal government to legislate or regulate. With that, then, I believe federal supremacy wins the day.
|
After Wickard v. Filburn it seems that the commerce clause can be stretched to mean virtually anything the feds want it to.
That said, the 1990 GFSZA was initially challenged and the challenge was upheld based on the idea that Congress didn't have authority to pass the law. The law was re-written in 1995 to include that the gun in question had to have moved "via interstate or foreign commerce" and that small change has been enough that the law has now stood for nearly 3 decades including against several appeals.