?Federal firearm law over-rides state law?

[19zZ]

Does anyone have any experience/knowledge of Federal firearm laws (specifically handgun ownership) vs. state law? If the state's RCW law defines its regulation and it differs with Federal terms , is the Federal law not applicable? How or when do the Federal firearms laws matter? Thank you for any suggestions!

[Spikejerk]

Federal law always trumps state law. Check the ATF website to find most applicable federal firearms laws. If the ATF says no, then the answer is no. I'm curious, what state law are you looking at that is negated by the feds?

[Old_John]

Well, certainly, in most cases Federal Law overrules
a State Law, if the Federal Law is "Stricter".

But, with Handgun Laws, there are a few States which
have much Stricter Laws than the Federal government
mandates.
For instance, in Illinois, it is almost impossible for a resident citizen to get a CCW Permit.
And, in that case Illinois Law, being Stricter, is Stronger.
Do not cross over into illinois carrying your CCW.
Penalties there are Bad.

[wax]

I had to check into this with the Minnesota BCA.
They responded by providing me with an email for Federal ATF.

The answer is an absolute yes and a definate no!

OK... so what the hell does that mean?

Let's use open carry laws.
You might possess the right to open carry in your State if you obtain a license (MN) or if you are simply a citizen (NH).
That right exists and is granted by your State within your State.

In other words you can't travel in New York City and claim to have a right to carry a firearm under New Hampshire law.

OK... so let's say that the State of South Dakota declares that anyone can own, possess, and use a fully automatic weapon.
This is denied by federal regulation but not "law".

If the State says so, any citizen within that State is lawful in doing so.
Until and unless the State says no.

Within that State... that is all!

[wax]

Spike- Federal law always trumps state law.

Wax- Not so, and with prejudice!
Feds (like the ATF) are the first to point out that State trumps Fed when it comes to things like gun law.
They point it out for an extremely good reason: US Constitution anyone?

However: it is extremely hard to note an example above simple posession or open carry (which is the easiest).
The problem of course is the same with such things as speed limits and drinking ages, blackmail works when federal funds are in jeapardy.

[Spikejerk]

Wax, I should have gone on to say that the state can be more restrictive than the feds but never less so. For example, no state can enact a law allowing for the unregistered ownership of fully automatic weapons that the feds will respect. Much like medical marijuana, a state can legalize a particular thing within the state, but the feds can still arrest and prosecute under federal code. It's happened many times before. Sometimes the feds will simply ignore a state flaunting federal code however. Until recently in MN for example, certain felons could have their gun rights restored by petitioning the state. This is an absolute no no under federal law but since hardly anyone knew of the law, let alone tried to take advantage of it, the feds simply ignored it.