Idaho snubs Federal law, am I reading this right?

[mewachee]

http://www.legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3315A.htm

Here is a statute from Idaho State Statutes, that as I read it says that you can buy a sound suppressor without federal stamp, if it has been produced in Idaho, and sold in Idaho, and remains in Idaho. Also, says something about being stamped "Made In Idaho." Which means no BATFE surprise inspections, right?

I have a friend who has brought this to a lawyer, who said that this is correct. However, he also said that finding someone to produce these items will be tough, because no one will want to test the waters by producing and selling without federal oversight.

Tell me what you think?

 

[General Geoff]

The Supreme Court has very dangerous and very strong case precedent that essentially defines everything as interstate commerce, including growing a freaking plant in your own garden, for your own personal consumption.

So unless the Supremes want to backpedal on the free reign of tyranny they provided the federal government with decisions such as Wickard v. Filburn, it's a very real possibility they will rule against any "firearms freedom" laws that are all the rage in state governments these days.

 

[TexasRifleman]

Tell me what you think?

I think it's a great idea on paper. I think it's great that states are standing up and telling the Federal Government to back up a little. A few of the states that have passed this sort of thing have even gone so far as to say that the states Attorney General will defend a resident against any Federal charges.

I also think that I don't know anyone who wants to be the test case so these laws being passed are, for now, mostly symbolic.

 

[deadin]

As TR said, mostly symbolic. I think the majority of them were spawned during the latest election season in an attempt to garner support for certain incumbents and their party.

 

[IdahoSkies]

I followed this one closely last year. It was passed last session as part of a "fire arms freedom" act which was drafted by an out of state (something that generally gets Idahoan's ire up) folk with the input of some local people. The vote was down almost strictly party lines between republican and Democrats, and with Idaho's republican majority (or it may be a super majority) it passed. It was part of a series of "get off our back" legislation aimed at the federal government, which the court decision to relist the wolves probably helped foster.

After the bill passed the local paper interviewed a firearm manufacturer in the state who simply said, gee that's nice, but I'm going to wait and let someone else try this one out.

From my understanding it has not changed how anyone here does business.

 

[Ranb]

I read that the ATF has warned licensed manufacturers that the various state laws like Idaho's did not relieve them of their responsibility to obey federal law.

Ranb

 

[Al Thompson]

This was discussed here in SC. IMHO, I'm not willing to take a high chance of a felony conviction in order to save 200 bucks. Even with the state (may or may not) picking up the legal costs, that first person charged will be betting his/her freedom.

 

[carnaby]

The Supreme Court has very dangerous and very strong case precedent that essentially defines everything as interstate commerce, including growing a freaking plant in your own garden, for your own personal consumption.

No kidding. By their logic, the federal government can regulate thought if they argue that the thoughts have an effect on interstate commerce.

 

[dogtown tom]

These "firearm freedom" laws are a waste of energy and do absolutely NOTHING to reign in the role of the Federal government. Too many state level politicians have no trouble backing these types of laws because they know they will have no real effect on firearms or freedom.

Ask those same state legislators to pass a unlicensed concealed carry anytime, anywhere law and see what response you'll get. (I shouldn't need a license to carry a firearm in the same manner or place as a lawbreaker)

 

[Girodin]

As stated this runs afoul of the supremacy clause because of the current precedent concerning the commerce clause (Wickard and Raich)

Ask those same state legislators to pass a unlicensed concealed carry anytime, anywhere law and see what response you'll get.

Well Utah passed the the suppressor bill last year and this year is considering unlicensed concealed carry.

http://www.ksl.com/index.php?nid=148&sid=13990030

Their legislative session kicks off on the 18th I believe. So it will be interesting to watch how it goes and what the actual bill proposed is.

 

[PTK]

Symbolic 100%. The "Made in Montana" firearms freedom act was already shot down by the Feds.

 

[springwalk]

Not sure if on equal grounds but why in the heck is marijuana basically legal in many western states and that Oregon allows death by doctor? Arent these allowances treading on Federal laws?

 

[SmokeySam81]

I just left Idaho a few months ago and I miss it. They passed a bill to say you don't have to take the government healthcare as well. I think it is good, it may not work out perfectly right away, but it is just a bit more protection from the federal government and their ever increasing number of asinine regulations.

 

[Girodin]

As to pot yes it is, that is what the Raich case was about. Since then Obama has instructed the various powers that be in the executive branch not to enforce those laws if people are not running afoul of state law. Not really faithfully executing the law if you ask me but that's whats going on.

 

[TexasRifleman]

Not sure if on equal grounds but why in the heck is marijuana basically legal in many western states and that Oregon allows death by doctor? Arent these allowances treading on Federal laws?

I think that's a valid point, and why I don't consider these "Firearm Freedom" laws completely useless.

The Fed is now choosing to enforce laws selectively. Grow pot? We won't mess with you. Make a gun? We're coming for you.

I think that disparity will end up before the Supremes in some form or another eventually so these laws, while symbolic for now, may not be completely useless after it's all said and done.

 

[HenryD]

I suspect the way to press the issue safely would be to get the federal tax stamp, purchase the suppressor and then have the Idaho Attorney General sue the Feds to get your $200 back. It gets kicked up to the Supreme Court for their decision, no Federal laws were ever broken.

 

[armoredman]

These "firearm freedom" laws are a waste of energy and do absolutely NOTHING to reign in the role of the Federal government. Too many state level politicians have no trouble backing these types of laws because they know they will have no real effect on firearms or freedom.

Ask those same state legislators to pass a unlicensed concealed carry anytime, anywhere law and see what response you'll get. (I shouldn't need a license to carry a firearm in the same manner or place as a lawbreaker)

OK, we did. Next?

We also passed Firearm Freedom and NobamaCare, waiting for challenge. But what most people don't remember is we passed a NoRealID act years ago, with teeth to arrest feds trying to enforce it. Guess what? No RealID act enforcement. Was it a response to the number of states who told fed.gov to pound sand? I think so, other wise we'd all be producing our life story on our government papers any time we begged for permission to get groped by TSA. Well, we still have the groping going on...
I think we DO need someone to stand up on this and push it, especially if the states will back it up. With this Great Recession, (saw that on today's news, cute), going on, states might not want to foot the bill just yet, but this needs to be decided.
The Montana Firearms Freedom Act was thrown out by one fed judge, not completely discarded, kinda like the judge who invalidated parts of our SB1070 illegal invader law. The wheels of justice grind ever so slowly...we'll get there.

 

[KBintheSLC]

Not sure if on equal grounds but why in the heck is marijuana basically legal in many western states and that Oregon allows death by doctor? Arent these allowances treading on Federal laws?

Marijuana is not "legal" anywhere in the US as far as the Federal gvt is concerned. Despite the passing of medical marijuana laws in several states, the DEA still regularly conducts raids on growers... even the ones who posses valid state-issued permits. The "firearms freedom" laws work the same way... legal according to the state, illegal according to the feds.

Since then Obama has instructed the various powers that be in the executive branch not to enforce those laws if people are not running afoul of state law.

Yes... but they must not be listening to his orders because the DEA raids continue.

 

[Al Thompson]

Idaho Attorney General sue the Feds to get your $200 back

That is a very clever thought.

 

[dogtown tom]

armoredman

Quote:
These "firearm freedom" laws are a waste of energy and do absolutely NOTHING to reign in the role of the Federal government. Too many state level politicians have no trouble backing these types of laws because they know they will have no real effect on firearms or freedom.

Ask those same state legislators to pass a unlicensed concealed carry anytime, anywhere law and see what response you'll get. (I shouldn't need a license to carry a firearm in the same manner or place as a lawbreaker)

OK, we did. Next?...

Uh.....no you didn't.
http://www.azdps.gov/Services/Concealed_Weapons/Questions/#27
Arizonans can't carry concealed at schools, bars and most state or local government property.

 

[zstephens13]

Well look up GemTech. Made in my good ol' hometown Boise, Idaho!

 

[armoredman]

dogtown, it's better than you will find anywhere else in the lower 48, and we are working on Capmus Carry this year. I doubt a government building carry bill would be politically possible this year, but who knows.

 

[Gelgoog]

Idahoan here. There is no chance in getting gemtech or other companies to sell it directly to you, so its kind of a moot point.

The best your going to get is that someone living here will transfer a gemtech made suppressor, but even then I would not try it...not unless I want to head on off to prison.

 

[Prince Yamato]

Not sure if on equal grounds but why in the heck is marijuana basically legal in many western states and that Oregon allows death by doctor? Arent these allowances treading on Federal laws

As others have said. A state can legalize something that is illegal federally- that just means that you won't be arrested by state police, but federal officers can still through you in jail.

The way go about testing this law would be to do a FTF transfer of an NFA item (which is perfectly legal, provided you do the paperwork and file the tax money associated with it) and then simply not file the federal paperwork or send them their $200...

 

[Black Butte]

Kudos to Idaho! More states need to follow suit and stand up to the federal government's abuse of power, incorrectly justified by the Supreme Court having misinterpreted the extent of the Commerce Clause.