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Thread: Florida problem

  1. #31
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    so they have to buy a keltec or tarus or intertec with ammo made in tampa all three makers have or had florida production
    Last edited by swmft; 31st August 2019 at 13:39.


  2. #32
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    Quote Originally Posted by swmft View Post
    so they have to buy a keltec or tarus or intertec with ammo made in tampa all three makers have or had florida production
    Not good enough. The raw materials would all have to have been mined and produced within Florida. If even one component comes from out of state, the final product is involved in interstate commerce.
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside

  3. #33
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    I'll remind everyone that our Law & Civil Rights discussion area is for the discussion of laws pertaining to the right to keep and bear arms. It is not open to general political discussions. From the advisory at the top of this discussion area:

    * Discussions will be limited to legal issues as they relate to the Right to Keep and Bear Arms, including of course the Second Amendment to the Constitution of the United States, and other core and related Civil Rights such as Search and Seizure, Self Incrimination, and Due Process. This can include court decisions, on going litigation, legislation and U. S. Constitutional law (which would encompass separation of powers, checks and balances, full faith and credit and the Bill of Rights).
    If your post disappeared, you delved too far into politics.
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside

  4. #34
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    Quote Originally Posted by Hawkmoon View Post
    No. The federal law says "users" of marijuana are prohibited from buying or possessing firearms. If you have a card but never use or possess marijuana, you are not in violation of the federal law. On the other hand, legally if you are addicted to prescription painkillers you are disqualified from firearms possession under federal law, even if you have a prescription from a doctor.

    On the BATFE Form 4473, question 11.e. asks:
    That is correct. However, if you live in an where the prosecutor isn't gun friendly, you might be considered "guilty until proven innocent".

    Prosecutor: "Mr Gun Guy, if you are not using medical marijuana, why do you have a card? Ladies & Gentlemen of the jury, this man is obviously lying because he knows he is guilty of violating the federal law!"
    "The 1911 was the design, given by God to us through John M. Browning, that represents the epitome of what a killing tool needs to be. It was true in 1911 and it's true now." - Col. Robert Coates commanding, U.S. Marine Corp Special Operations Command Detachment 1 (DET 1)

  5. #35
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    Quote Originally Posted by John View Post
    Pardon my ignorance, as you know, I am not an American nor do I live in US. But I have a question:

    Am I correct to understand that there are things, which are legal where you live, but illegal under the Federal law? So (and let's focus on marijuana) for your state, you may be legal owing a small quantity of pot, and if your local cop stops you, he will let you go, but you are illegal under the Federal law and if an FBI agent stops you, you are a criminal?!?!!?!?

    If that's true, you Americans have to do something about it. It doesn't make much sense, does it???
    I didn't see where anyone actually answered this for John, but yes that is correct. And out of respect for the rules, I will limit myself to firearms law. There are some states that don't have preemption statutes on the books where even within your own state you could be breaking the law. For example, a handgun or rifle that you own is perfectly legal in your town. But if you go over to the next town, or county you are breaking the law because that jurisdiction says you are not legal.

    The reason most states have chosen to address it at the local level by passing preemption statutes in there respective locations is in deference to gun owners. Let's say we took it to the federal level using the "equal protection" clause in the Constitution, for example. One would hope they would invoke the loosest standard such as constitutional carry, but the fear is the feds could just as easily go the opposite direction with California/New York city restrictions for the whole country.
    "The 1911 was the design, given by God to us through John M. Browning, that represents the epitome of what a killing tool needs to be. It was true in 1911 and it's true now." - Col. Robert Coates commanding, U.S. Marine Corp Special Operations Command Detachment 1 (DET 1)

  6. #36
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    Quote Originally Posted by John View Post
    Pardon my ignorance, as you know, I am not an American nor do I live in US. But I have a question:

    Am I correct to understand that there are things, which are legal where you live, but illegal under the Federal law? So (and let's focus on marijuana) for your state, you may be legal owing a small quantity of pot, and if your local cop stops you, he will let you go, but you are illegal under the Federal law and if an FBI agent stops you, you are a criminal?!?!!?!?

    If that's true, you Americans have to do something about it. It doesn't make much sense, does it???
    Sorry, I missed this until I saw Garrett's response.

    Yes, John, that is exactly the case, and pretty much exclusively with respect to marijuana (although I think two states tried to do it in regard to so-called "assault weapons"). You must not have been paying attention the last time you attended the SHOT Show in Las Vegas. You didn't notice the huge billboards and the signs on the sides of the buses advertising marijuana? Or didn't you realize that, despite Nevada having decriminalized the possession of small quantities of marijuana, it remains a controlled (illegal) substance under federal law?

    Most of the states that have decriminalized marijuana have done so only for use as a medicinal, not for recreational use. That's the case in Florida, which is what gave rise to this thread. In states where marijuana has been legalized for medical use, in order to buy marijuana from a state-recognized dispensary you have to get a prescription from a doctor, and then get a medical marijuana card from the state. The medical marijuana card is like a license to buy marijuana.
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside
    Last edited by Hawkmoon; 1st September 2019 at 20:25.


  7. #37
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    This is a topic that some non-citizens clearly donít understand but interesting none the less. The USA isnít a monolithic governance. Weíre a collection of sovereign states that have come together in union and dual governance, namely state law coexisting with federal law. Federal law doesnít necessarily win in all instances but lately it seems itís encroaching more on state sovereignty and individual freedom.
    Likes (1) :
    Rick McC. (3rd January 2020)


  8. #38
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    Sorry for the necropost, but this example came to me the other day via the Gunsite FB page. It's a bit of old news (2017) but an example of what can happen. Hawaii is a state that issues marijuana cards, and also happens to have mandatory firearms registration. The Honolulu police sent out a "turn yourself in or we will come get you" letter to people whose names appeared on both lists. After enough public outcry the policy was eventually discontinued, but it still serves as a good example of what we were discussing.

    https://americangg.net/tb-hawaii-dem...sDCmRcDyXb0sZA
    "The 1911 was the design, given by God to us through John M. Browning, that represents the epitome of what a killing tool needs to be. It was true in 1911 and it's true now." - Col. Robert Coates commanding, U.S. Marine Corp Special Operations Command Detachment 1 (DET 1)

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