Air guns Protected from State Regulation by Federal Law.
Air guns Protected from State Regulation!
The great thing about this is that it PRE-EMPTS all state laws concerning the sale of airguns. This law could be the most important law on the books for airgunners .
The law is United States Code, Title 15, Section 5001, BB/AIRGUN/PAINTBALL/IMITATION FIREARM PREEMPTION. The sections of interest to us are Sections “g(i) and g(ii)” at the very end. Read the very exact explanation on airguns.
“(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provisions of State or local laws or ordinances which provide for markings or identifications inconsistent with provisions of this section provided that no State shall
(i) prohibit the sale or manufacture of any look-alike, non-firing, collector replica of an antique firearms developed prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.”
This Little known Federal Law Preempts state laws trying to control and limit airguns.
Link to complete Law
http://caselaw.lp.findlaw.com/casecode/uscodes/15/chapters/76/sections/section_5001.html
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Viewing 7 replies - 1 through 7 (of 7 total)
The bad part is that it’ll take somebody with standing in each jurisdiction to get this in court. Somebody will have to have been “wronged” by the city/state before he/she has standing to challenge the offending entity. Look at the Heller case that came before SCOTUS a few weeks ago: Mr. Heller had been licensed to carry a pistol during the course of his day job, but was denied the right to carry when on his personal time. That was his standing to challenge the law. Somebody’s gotta try to get an airgun where he’s prohibited now, then he’s gonna need somebody like the 2nd Ammendment Foundation to fund his challenge, cuz it’s gonna get pricey escalating that challenge as needed from the local, thru the state court, appeals court and finally SCOTUS.
Yep, Mich. is also in violation of the federal laws. Nothing with rifleing over .177.. (airuns) They call anything larger a firearm. In direct violation of federal law. Thanks God I live in Texas! We ain’t got no stinking airgun law!!!
Mike
Adam it right, the Law is setup so you will need to fight it out in court with LOTS of money so the system can get rich. NRA is just about done with San Francisco and it cost them big. Also in my city Sportsmart can’t sale airguns it’s part of verbal license for them to do business in the city and they are working on a way to get around it and after I informed the Manager to just order one or two kinds of guns and see what happens. I told him They can’t fine you (do to nothing in writing that says no airgun sales) and I’m sure your paying some good tax money to the city.
Well Sportsmart is now selling Gamo’s and the city has not done nothing. 😀 And the guns are selling great.
I didnt look at the link but does it just say they cant stop the sale of such items? Maybe its one of those deals where you can own it but you cant use it. My city says I cant use an airgun within city limits.
Somebody will have to force them in court. That is how the entire system is set up.
Hmmmm, I wonder how San Francisco got around Federal Law, but then again California breaks quite a few Federal laws… 😆
Viewing 7 replies - 1 through 7 (of 7 total)
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First off, there’s a world of difference between (‘reasonable’, whatever that is) *regulation* and prohabition. That’s what the pendeind SC case about the DC gun ban is partially about.
You can still have an airgun in NJ or Mich, you just need a firearms license.
Also the Fed regualtion in question has to do with marking “safe” guns, ‘scope and intent’ is a big deal. “Does it fall withing the scope (fit the conditions) and (far us more important) the intent of the law”. In this case I suggest that typical hunting and sport airguns aren’t within the intent.
As others have said, it’s a game for Lawyers. HIre one yourself or get involved with the NRA in a serious manner……I assume everyone here is a dues paying and voting member? If not, do it now while you still have something worth protecting.
Doug Owen