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Old March 14, 2014, 08:50 AM   #1
kraigwy
Senior Member
 
Join Date: June 16, 2008
Location: Wyoming
Posts: 11,061
Congressional authority over entirely intra-state firearms markets?

I don't want to go off topic on the Post about School Zones so I'll start a new post.

Notice the wording:

Quote:
Originally Posted by USC Sec 922 (q) 2
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone
From the LEOSA or HB 218:

Quote:
ยง 926B. Carrying of concealed firearms by qualified law enforcement officers

(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).
All Federal Gun laws have similar wording. Why do they include that wording?

Now lets assume you live the State of X, and in this state, Gun Manufacture Y builds firearms. You buy a Y firearm and never leave the state with that firearm.

How do you fall under federal gun laws.

My son works for DHS, he is one of their firearms instructors and also is a supervisors. I presented this question to him.

He told me he had attended several DHS Schools over the years and in each, when dealing with federal gun laws, was cautioned to be careful in places where a gun is found in a state where it was manufactured, before one could be charged the government has to prove that gun left the state in "interstate commerce.

How does this apply to states like Wyoming, Montana, and others with the "made in state, stays in state" laws?

An interesting subject.

Depending on the state I would think the government would have a hard roll to hoe in getting a conviction.

They might pull it off with a jury in New Jersey, Mass or such state, but they would have a difficult time getting a conviction is gun friendly stats such as Wyoming, OK, Texas.

Hopefully a lawyer dealing in Gun Laws will chime in.
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Kraig Stuart
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