So, is Alabama going the right direction?

Discussion in 'General Discussion' started by Mosin_Nagant_Fan, May 5, 2009.

  1. Mosin_Nagant_Fan

    Mosin_Nagant_Fan Active Member

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    I'll let you decide.
     
    Last edited: Aug 20, 2009
  2. 22WRF

    22WRF Well-Known Member

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    Pretty much a moot point since they are illegal according to federal law.
    Just means you only get charged by the Feds.
     

  3. Alpo

    Alpo Well-Known Member

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    No, they are not "illegal according to federal law". They have to be registered under Federal law. There is a difference.

    Florida has a law that says it's illegal to own a SBS or a SBR or a machine gun. Unless they are legally registered with the Federal Government. So if you've got an unpapered gun, you are not only breaking NFA34, but also Florida Statute 790.221.

    790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.--

    (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.

    (2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.

    So, once the Feds let you out of Leavenworth, Florida can send you to Raiford.

    Apparently, in Alabama, it don't matter if you have it papered or not. There's an Alabama law against owning them. This new bill would repeal that law.

    So, yes, Alabama is going in the right direction.
     
  4. user

    user Active Member

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    Right - the NFA is a revenue provision in the tax code. The crime would be the failure to pay the fee for registration. I would argue that, since the Constitution of the U.S. gives full power to the states over issues relating to the ownership, possession, and use of firearms (as opposed to regulation of interstate commerce), Alabama's law would pre-empt any federal provision to the contrary.
     
  5. bcj1755

    bcj1755 New Member

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    Yes they are. In NC, you cannot own a shortbarreled shotgun period. It is illegal under state law. NC law considers an SBS to be a weapon of mass destruction in the same class with a pipe bomb, nuclear warhead, and chemical and biological weapons:eek:
     
  6. Trouble 45-70

    Trouble 45-70 New Member

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    The feds have half the lawyers and all the money they can print. Who do you think will prevail even if you could win in court.