2015 Legislative Firearm bills

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Jack T.

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No, it would not. It would make the firearm legal in Oklahoma the same way marijuana is legal in Colorado: the state might not prosecute you for it, but the Feds would still have full authority to prosecute and imprison you for violating the NFA.

Dual sovereignty applies here. Get caught BY THE FEDS without your NFA stamp and you still get to visit Club Fed.

FIFY. . .with a longer message
 

Super Dave

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So I have been having some great email correspondence with Senator Patrick Anderson, author of SB10.

He allowed that if it passes, we might end up in Federal Court, but is hopeful that the new president will have a better attitude towards states rights. Me too.

He has written me back promptly three times now, with direct answers. That's worth 1,000,000 in my book.


I think that when it passes, I will celebrate with the purchase of some 1/16" number and letter stamps. "Made in Oklahoma." That's nice.


I remain optimistic.
 

Dave70968

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Seeing as how the feds are doing absolutely nothing against states that have legalized marijuana, if they did try prosecuting someone who sold/purchased/used/manufactured what would have been a regulated firearm wouldn't there be grounds for some "equal protection under the law" defense/lawsuit?

No. No there would not. In Colorado, you won't be prosecuted under Colorado law for possessing marijuana; in Montana, or--should this pass--Oklahoma, you won't be prosecuted under state law for possessing a MIO firearm. The Feds will still be happy to charge you under their own, separate law. That law applies equally to everybody, whether in Colorado, Oklahoma, Montana, or New Jersey.

Put it this way: Timothy McVeigh murdered 168 people in Oklahoma. He never stood trial for a single state murder charge. He was charged under 19 counts of Federal law--largely terrorism and weapons related--convicted, and executed (making an Oklahoma state prosecution an expensive redundancy). His prosecution was handled by (Assistant) United States Attorneys, who are paid by Uncle Sam, not District Attorneys. The trial was in a Federal courthouse, not a state courthouse. He was housed by Federal marshals, and executed in a Federal prison. Two entirely separate sovereigns, charging (or not) crimes under their own separate laws.
 

Commander Keen

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*snip* Two entirely separate sovereigns, charging (or not) crimes under their own separate laws.

I understand the dual sovereignty. What I was getting at was this: Could there be a viable defense against federal prosecution for this given that the government is essentially turning a blind eye to the whole marijuana issue?

After all, both are issues that are/would be legal under state law, but illegal under federal law.
 

Super Dave

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I understand the dual sovereignty. What I was getting at was this: Could there be a viable defense against federal prosecution for this given that the government is essentially turning a blind eye to the whole marijuana issue?

After all, both are issues that are/would be legal under state law, but illegal under federal law.

I agree, but I don't want to bee the guinea pig.


Let's get Danny Tanner to do it. He'll do anything.


BOOM!!!!! One to the hip!
 

Dave70968

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I understand the dual sovereignty. What I was getting at was this: Could there be a viable defense against federal prosecution for this given that the government is essentially turning a blind eye to the whole marijuana issue?

After all, both are issues that are/would be legal under state law, but illegal under federal law.

Prosecutors have tremendous discretion in what charges they bring; "selective prosecution" is rarely a successful argument. Consider that you're adding the element of radically different crimes (one drugs, which largely affect the user; the other closely-regulated weapons, which bear their greatest social harm on persons other than the user), and it's just the DoJ using scarce resources where they can have the greatest effect (or such would be the argument).
 

WNM

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So I have been having some great email correspondence with Senator Patrick Anderson, author of SB10.

He allowed that if it passes, we might end up in Federal Court, but is hopeful that the new president will have a better attitude towards states rights. Me too.

He has written me back promptly three times now, with direct answers. That's worth 1,000,000 in my book.


I think that when it passes, I will celebrate with the purchase of some 1/16" number and letter stamps. "Made in Oklahoma." That's nice.


I remain optimistic.

SB10 specifically says "Made In Oklahoma". I have a Loki lower that just says "Atoka, OK" on it. Next time you speak with the Senator, you might bring up that "MIO" is a bit ambiguous.
 

Super Dave

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SB10 specifically says "Made In Oklahoma". I have a Loki lower that just says "Atoka, OK" on it. Next time you speak with the Senator, you might bring up that "MIO" is a bit ambiguous.

I think it is a copy/cut/paste bill from the other states that have passed it already, or proposed it. Dig this:

http://firearmsfreedomact.com

AND 1/16" stamps are cheap.
 
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Just saw this article about HB1391 and I'm not sure that I see any benefit to closing this "loophole."

http://www.newson6.com/story/28043409/loophole-allows-handgun-license-without-in-person-training.

"An Oklahoma legislator has introduced a bill that would close the loophole. House Bill 1391 by Rep. Casey Murdock, R-Felt, would require Oklahoma residents to have Oklahoma-issued handgun licenses and keeps the requirement that applicants demonstrate proficiency with a handgun under the supervision of a licensed firearm instructor before receiving their license."
 

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