On guns, Federal Law trumps State Law?

[cstone]

brings up a question- I saw no mention of arrests in the article... just confiscation of firearms.
So what law gives them that authority to confiscate, but not to arrest?

(or was the article just missing detail?)

Taken for safe keeping while the matter is referred for further investigation.

A prosecutor could try asset forfeiture to keep the weapons or just work out a deal for the owner to surrender the property rather than spend a great deal of money hiring an attorney to get them back. Depending on how much money the guns are worth, it is quite possible that the owner could buy many more guns than it would cost to recover those taken.

I'm not saying it is right or fair, so please don't respond with some sanctimonious appeal to the Constitution and the rights of free citizens...I like to keep that stuff for my own posts

[Martinjmpr]

BTW I agree with those who say the wise and prudent thing to do is to follow the Federal law as it's currently written, which means if you use MJ you can't legally buy a gun from an FFL dealer. Nobody wants to be the "test case" when the consequences of failure could mean 5 years in a Federal "pound me in the ass" prison.

But the Heller and McDonald decisions have opened up some very interesting opportunities for expanding gun rights, and as the years go on, we will probably see more and more of the current laws being challenged in court.

[Skip]

The state wouldn't sue (no standing) but an individual could. And as more states legalize MJ, sooner or later someone will and the courts will have to decide that.

Unless you can cite an appellate court decision that supports that, what you just stated is an opinion, not a legal fact.

Of course the DEA, the ATF and the DOJ are going to say it's illegal. They have to, because they're the Federal government.

But they are not a legislature that writes laws, and they are not a court that interprets laws and says what the laws mean. They are executive branches, all of them. So until the issue of whether a state can legalize something that is federally illegal gets in front of a court with the proper jurisdiction, it actually is a gray area of the law.

I don't think you understand how the legal system works. The law is "the law" unless overturned. I've given you multiple links so you can learn about the "the law" and how it is applied, and how it could be changed to straighten this out.

This is not an opinion. It was a law passed by Congress and signed into law by LBJ...

https://en.wikipedia.org/wiki/Gun_Control_Act_of_1968

So again, to be plain, this is the Legislative Branch, writing a law, signed by the Executive, which the Judicial Branch has not overturned. There is no gray area.

This law gives FedGov the ability to schedule drugs (Controlled Substances Act (21 U.S.C. 802)) and call their use illegal under all or some circumstances (according to schedule). While you can argue the minutia of how a drug is scheduled but it doesn't change "the law."

[Martinjmpr]

I don't think you understand how the legal system works.

I'm fairly certain that I do.

[SamuraiCO]

As long as MJ is class I narcotic at Federal level all use is illegal. Doesn't matter what states or MD's state your medical need is. Hence the reason private companies can still fire those who turn up positive on drug tests and banks are still wary about handling cash from said dispensaries.

Need to change law at Federal level then all would be cleared up.

[asmo]

What the cops *should* have done is turn it over to Federal law enforcement officers; since its a Federal offense. But since state/local departments are monetarily compensated for enforcing Federal laws; what they *should* do - and what they really do - are at opposite ends of the spectrum.

[Irving]

Is it Federally illegal to concealed carry a firearm?

[68Charger]

As long as MJ is class I narcotic at Federal level all use is illegal. Doesn't matter what states or MD's state your medical need is. Hence the reason private companies can still fire those who turn up positive on drug tests and banks are still wary about handling cash from said dispensaries.

Need to change law at Federal level then all would be cleared up.

It goes beyond Federal law... MJ is schedule 1 drug in Single Convention on Narcotic Drugs of 1961 (an international treaty)
So you can't just change Federal law, it would be a treaty violation.

[Martinjmpr]

Is it Federally illegal to concealed carry a firearm?

On Federal "enclaves" like Federal buildings, military bases, courthouses, post offices and such the general answer is "yes." National Parks used to fall under that rule, too but in 2010 the NPS changed their regulations and now they follow state law WRT concealed carry in open areas of the parks and monuments. Carrying in NPS buildings or facilities is still prohibited, even if you have a permit. The only exception to that (that I'm aware of) would be Federal Law Enforcement officers on duty.

[Irving]

Martin you misunderstood my question. In general, not at a Federal building, is there a Federal law that says one cannot carry concealed? I'm just clarifying for myself, as I don't think that it is federally illegal.