New Federal AWB...

[hybridatsun350]

This may or not be a stupid question, but how would California's assault weapons ban be affected if a new Federal ban was imposed? I know Federal law normally trumps state law, but what about in this case? I've been thinking about this for a while, and I'm not quite sure how it would all work out. Any constructive input is appreciated!

I'm not sure whether this fits better here or over in the 2A forum, but I figured I'd just stick it here to start.

[sorensen440]

It wouldn't trump state law it simply may add to it
both would have to be followed

[Librarian]

Probably would be "in addition to".

Since Feds can't really regulate things inside states but (usually) only things going between states, Feds could try to ban interstate shipment of selected items.

CA most likely would go its merry way as now.

Genuinely impossible to predict whether a new Fed AW law would pass, or what it might say until it is introduced. A Congress of the 'correct' persuasion might pass such a bill, and let it get fought out in the courts - where it would go pretty quickly, I think.

[Mssr. Eleganté]

I've been thinking about this for a while, and I'm not quite sure how it would all work out.

It would work out the same as before. Both of California's AW bans (RR: 1989-present and SB23: 2000-present) overlapped the 1994-2004 Federal AW ban.

[Hamster16]

if they passed the AWB and even added certain weapons to the list could you wind up in jail for having one of those guns. like owning an RAA Saiga if it gets added to the list could you get in trouble for owning the gun or do they give you a chance to comply with the law?

[MT1]

I'm not trying to get down on you, but I swear that there is a new thread started with this question every single day - try the search button please.

[Mssr. Eleganté]

if they passed the AWB and even added certain weapons to the list could you wind up in jail for having one of those guns. like owning an RAA Saiga if it gets added to the list could you get in trouble for owning the gun or do they give you a chance to comply with the law?

It would depend on what the text of the new law actually said.

This is like asking "If they raise taxes next year, what will my new tax rate be?"

Nobody knows until the wording of a new law is settled and voted on. But there has never been a law passed here banning something that didn't give anybody time to comply with the new law.

[Librarian]

A Plea to subsequent posters ...

It would depend on what the text of the new law actually said.

This is like asking "If they raise taxes next year, what will my new tax rate be?"

Nobody knows until the wording of a new law is settled and voted on. But there has never been a law passed here banning something that didn't give anybody time to comply with the new law.

A-II and others have said it:

Until a new law is actually proposed it is impossible to KNOW what it might say.

So, let us please adopt a rule: until a poster can provide a link to Thomas -- http://www.thomas.gov/ -- pointing to the bill text, let's put these discussions on hold. There's no possibility they can go anywhere.