esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Question for Esq. Can the state law be less restrictive than the Federal law?
If yes you could be legal as far as the state is concerned but in violation of the GFSZA?
Yes. Quite possible. Two separate sovereigns. You need to know the law of both. 18 usc 922(q) does not purport to "occupy the field" or otherwise preempt states from enacting their own separate requirements. Compare that to 18 usc 926A, which does expressly address state laws.