Question on Gun Control: Federal measures vs Ohio

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Curzyk
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Question on Gun Control: Federal measures vs Ohio

Post by Curzyk »

With the frenzy of knee-jerking going on in Congress, I recalled that some states have worked on measures that basically nullify Federal gun control measures and make it illegal at the state level to enforce them. I'm pretty sure we've had legislation like that circulate around, but not actually pass.

Where does this kind of legislation sit with Ohio now?
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SeanC
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Re: Question on Gun Control: Federal measures vs Ohio

Post by SeanC »

If you buy a firearm that's moved in interstate commerce, it's pretty clear under existing precedent that the feds can regulate it. If you have a firearm that hasn't moved in interstate commerce, it's pretty clear the feds can regulate it under existing precedent BUT have chosen not to in an effort to avoid the possibility of an adverse verdict. So if you want to buy a highpoint or a chiappa or an ithaca, the Ohio legislation might offer some cover unless the feds decide to press the issue. Otherwise, you'll be wasting your time if you rely on the state legislation in the face of contrary federal authority.
I am a lawyer; I am not your lawyer.
JimE
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Re: Question on Gun Control: Federal measures vs Ohio

Post by JimE »

Another point to consider.
Due to Federal laws regulating the interstate transportation of firearms, manufacturers will only ship to holders of an FFL, be it a distributor or a dealer.
Distributors will only ship to a dealer with an FFL .
Dealers are bound by the CGA '68 and the Brady Act to follow the law on 4473's and background checks.
Besides, if a manufacture or dealer were able to "bypass" the system, and the sale was tainted in any way, you would also lose your protection under the Protection of Lawful Commerce in Arms act.
Even if the state passes a law allowing it, the potential to lose your FFL for Federal violations, not to mention your inventory and freedom is too great a risk.
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